Petitioner challenged the respondent's order permanently withdrawing course approval and debarring conduct of courses. Court held petitioner can re-apply upon rectification and noted guidelines allow withdrawal until three batches complete. Petition disposed with no order on costs.
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W.P. No.1600 of 2020 and W.M.P. No.1870 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2023
CORAM: JUSTICE N.SESHASAYEE
W.P. No.1600 of 2020 and W.M.P. No.1870 of 2020 & 4903 of 2021
Perunthalaivar Kamarajar Institute of Maritime Science and Engineering Rep. by its Chief Executive Officer Thiru.Tamilarasu Sambandam 1069, Thirupaninatham, Keerapalayam Post Chidambaram - 608 602 Cuddalore District
... Petitioner
Vs.
The Director General of Shipping Training Branch The Directorate General of Shipping 9th Floor Beta Building, I-Thinking Techno Campus Kanjurmarg (East), Mumbai - 400 042
... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a writ of certiorarified mandamus calling for the records in Order No.F.No.3TR(98)/99-STSDSD dated 06.01.2020 on the file of the respondent and quash the same as illegal, against law and without any evidence and direct the respondent to permit the petitioner to conduct the course based on the license given under the procedure established under law.
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For Petitioner : Mr.Richardson Wilson For Respondents : Mr.AR.L.Sundaresan, Assistant Solicitor General of India Assisted by Venkatasamy Babu, Senior Panel Counsel
O R D E R
The petitioner has the approval to conduct two courses, namely the general
purpose course and STCW course. The former course is for a duration of six months and the latter course is only for 12 days. Noticing certain serious deficiencies in the manner of conducting these courses, the respondent had issued the impugned proceedings dated 06.01.2020 withdrawing its approval permanently and also debarred the Trustees of the petitioner from conducting courses for five years. This is now under challenge before this court.
guidelines issued by the Directorate General of Shipping and more specifically to clause 5.5.3, which provides for permanent withdrawal of the approval. It reads as follows:
"5.5.3 - Permanent withdrawal of approval:
Permanent withdrawal means permanent discontinuation of the course after the current batch completes that particular course. Thereafter no batch shall be conducted andthe
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W.P. No.1600 of 2020 and W.M.P. No.1870 of 2020
approval to the course will be permanently withdrawn. If the deficiencies as a result of which the approval to the course was permanent withdrawn have been rectified to the satisfaction of the inspecting authority, then the course should be applied for once again, and after payment of non-refundable processing fees and the necessary inspections, approval may be granted but not in any case prior to the lapse of a period equal to three batches of that course."
He submitted that :
again; and
(b) at any rate, the permanent approval can be withdrawn
only for thrice the time of course.
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W.P. No.1600 of 2020 and W.M.P. No.1870 of 2020
refuting strongly to the interpretation given by the counsel for the petitioner submitted that
completion of course by three batches and it does not set any upper limit.
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W.P. No.1600 of 2020 and W.M.P. No.1870 of 2020
according to him that the defects or deficiencies have been rectified, now it is upto the authority concerned to appreciate the same, and when such an application is made and once it is so done, they are required to act strictly in accordance with the guidelines.
costs. Consequently, the connected writ miscellaneous petitions are closed.
10.07.2023
Asr
N.SESHASAYEE, J.,
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W.P. No.1600 of 2020 and W.M.P. No.1870 of 2020
Asr
W.P. No.1600 of 2020 and W.M.P. No.1870 of 2020
10.07.2023
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1 issue framed by the court
Whether the permanent withdrawal of approval under the guidelines is illegal, arbitrary, or without evidence.
Perunthalaivar Kamarajar Institute of Maritime Science and Engineering
The Director General of Shipping
N.Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
