Naresh
Kumar & Anr Vs. Union of India & Ors [2004] Insc 221
(5 April 2004)
S.N.
Variava & H.K. Sema.
WITH CIVIL
APPEAL NO. 6700 OF 2002 Raj Kumar Hukku Versus Union of India & Ors.
TRANSFERED
CASE (C) No. 112 of 2002 Jagmohan Verma Versus Union of India & Ors.
WRIT
PETITION (C) NO. 238 OF 2003 G.S. Beniwal & Ors. Versus Union of India & Ors.
WRIT
PETITION (C) NO. 207 OF 2003 Rajesh K. Mittal Versus Union of India & Ors.
SEMA,J.
In all
these petitions a common question of facts and law has been raised and as such
they are being disposed of by this common judgment. For brevity, we are taking
the facts from Writ Petition No. 238 of 2003.
Briefly
stated the facts are as follows:-
The
petitioners were serving in Indian Navy as Officers. They got released from
Indian Navy and are now employed in Merchant Navy. As Officers in the Indian
Navy they obtained, without examination, Certificates of Service (CoS) as the
"Master of Foreign Going Ship" or "First Class Engineer" or
"Second Class Engineer" as the case may be. The CoS was issued under Section 80, (as it then stood) of
the Merchant Shipping Act, 1958 (in short "the Act"). As the Naval
Officers were granted Certificates of Service without examination, in most
cases, the owners of the merchant ship would employ these persons in a lower
rank than that shown in the Certificates of Service.
The
International Convention on Standards of Training, Certification and Watchkeeping
for Seafarers 1978 ("STCW 78") came into force globally. India was one of the signatories to the
Convention and ratified the Convention on 16.2.1986. The object of the
Convention is to have uniform standard of training & certification. Thus,
Article VI of 1978 Convention enjoins that Certificates be issued for masters,
officers or ratings. It provides that these shall be issued to those candidates
who meet the requirements for service, age, medical fitness, training,
qualification and examinations in accordance with the appropriate provisions.
The 1978 Convention was amended in 1995 and is known as STCW 1995. This 1995
Convention extensively amended the 1978 Convention but Articles I to XVII of
1978 Convention remained unamended. Consequently, the Merchant Shipping (STCW)
Rules, 1998 were also framed. Rule 11 inter alia requires that existing CoS
holders who intend to become holders of CoC shall be required to complete
approved training assessment. Similarly, Rule 15 requires that every Master on
a sea-going ship of 500 gross tonnage or more shall hold an appropriate
Certificate of Competency in Form 3. The respondent also issued M.S. Notice
Nos.2 of 2000, 4, 5 & 6 of 2001 in compliance with Rules 11 and 15 by
prescribing the procedure of continued employment of CoS holders by obtaining a
CoC as amended under STCW 1995.
Being
aggrieved by the aforesaid procedure, a writ petition had been filed inter alia
praying for the following relief:- A. Issue Writ of Certiorari or a writ in the
nature of Certiorari or any other appropriate Writ or direction under Article
32 of the Constitution of India declaring that impugned Notices Nos. 2 of 2000
and 4, 5, & 6 of 2001 and Rules are unconstitutional and ultra vires the MS
Act and STCW 95 Convention and consequently illegal, invalid, null and void and
of no effect whatsoever: and B. Issue Writ of Certiorari or a writ in the
nature of Certiorari or any other appropriate Writ or direction under Article
32 of the Constitution of India to quash and/or set aside the impugned M.S.
Notice Nos. 2 of 2000 and 4,5 & 6 of 2001: and We have heard S/Shri Joseph
Vellapalli, M.N. Krishnamani and Venkiteswaran, learned Senior counsel
appearing for the parties.
The
short question that arises for consideration in these batch of petitions is
that as to whether the CoS issued under Section 80 of the Act could be treated
as a Certificate under the Convention after the 1978 Convention, as amended by
1995, came into force.
Counsel
for the petitioners argued that the petitioners who have attained the rank of
lieutenant in the executive branch of the Indian Navy, being the holder of CoS
without examination under Section 80 of the Act, would continue to hold such
certificate in view of saving clause of Section 5 though Section 80 was
repealed by an Amendment Act of 1986 in consonance with STCW 1978. It is argued
that Article VII of 1995 Convention continued to accept all existing
certificates including CoS as valid. It is argued that Rule 15
framed under STCW Rules 1998 was in violation of the Act and the Convention
which prescribed that only a CoC holder could serve as a Master of a ship. It
is further argued that arbitrary distinction between the two certificates was
created with malafide intention of debarring CoS holders from getting employment on foreign going ships.
It is
argued that such arbitrary distinction sought to be achieved is in violation of
Articles 14 and 19 of the Constitution. These are the sums and substances of
the submission. CoS issued under Section 80 and validity thereof:
Section
80 as it stood before amendment reads:-
"80.
(1) A person who has attained the rank of lieutenant in the executive branch of
the Indian Navy shall be entitled to a certificate of service as the master of
a foreign-going ship without examination.
(2) A
person who has attained the rank of lieutenant or sub-lieutenant in the engineering
branch of the Indian Navy shall be entitled without examination, if a
lieutenant to a certificate of service as first class engineer and if a
sub-lieutenant to a certificate of service as second class engineer.
(3)
The Central Government may, by rules made under this Act and subject to such
conditions and restrictions as may be specified therein, provide for the grant
of certificates of service to officers of the Indian Naval Reserve Forces who
have attained the prescribed ranks.
(4) A
certificate of service shall differ in form from a certificate of competency
and shall contain the name and rank of the person to whom it is delivered, and
the Central Government shall deliver a certificate of service to any person who
proves himself to be entitled thereto.
(5)
Notwithstanding anything contained in this section, the Central Government may,
if it is of opinion that a person who is entitled to a certificate of service
under this section is not a fit person to hold such certificate, refuse to
grant or deliver such certificate to him.
(6)
The provisions of this Act (including the provisions relating to penalties)
shall apply in relation to a certificate of service as they apply in relation
to a certificate of competency." Section 80 has been deleted by an
Amendment Act of 1986. This was done in compliance with STCW 1978.
Counsel
for the petitioners heavily relied upon Section 5 of the amending Act, which
deals with the saving clause. It reads:
"Sec.5.
For the removal of doubts, it is hereby declared that the amendments made in
the principal Act by this Act shall not apply to, or in relation to, any
certificate of service granted under section 80 or recognised under section 86
of the principal Act before the commencement of this Act and the principal Act shall
apply in relation to such certificates as if this Act had not been
enacted." Counsel argued that despite deletion of Section 80 of the
principal Act, the CoS would continue to apply as if the
principal Act had not been amended. We are unable to countenance with this
submission for more than one reason. Firstly, Section 5 of saving clause
relates to CoS. No doubt Section 80 of the Act was
holding the field before it was amended but it has eclipsed with the emergence
of 1978 Convention as amended by 1995 Convention. With the emergence of 1995
Convention there is no provision for indefinite continuance of CoS in respect of the officers of the Merchant Ships. As
already noticed, the petitioners are now serving in Merchant Navy. India being a signatory to the 1995
Convention, it has to ensure uniform standards, as prescribed by the
Convention.
Effect
of Article VII:
Article
VII provides transitional provisions. It reads:-
(1) A
certificate of competency or of service in a capacity for which Convention requires
a certificate and which before entry into force of the Convention for a Party
is issued in accordance with the laws of that Party or the Radio Regulations,
shall be recognized as valid for service after entry into force of the
Convention for that Party.
(2)
After the entry into force of the Convention for a Party, its Administration
may continue to issue certificates of competency in accordance with its
previous practices for a period not exceeding five years.
Such
certificates shall be recognized as valid for the purpose of the Convention.
During this transitional period such certificates shall be issued only to
seafarers who had commenced their sea service before entry into force of the
Convention for that Party within the specific ship department to which those
certificates relate. The Administration shall ensure that all other candidates
for certification shall be examined and certificated in accordance with the
Convention.
(3) A
Party may, within two years after entry into force of the Convention for that
Party, issue a certificate of service to seafarers who hold neither an
appropriate certificate under the Convention nor a certificate of competency
issued under its laws before entry into force of the Convention for that Party
but who have:
(a) served
in the capacity for which they seek a certificate of service for not less than
three years at sea within the last seven years preceeding entry force of the
Convention for that Party;
(b)
produced evidence that they have performed that service satisfactorily;
(c) satisfied
the Administration as to medical fitness, including eyesight and hearing,
taking into account their age at the time of application.
For
the purpose of the Convention, a certificate of service issued under this
paragraph shall be regarded as the equivalent of a certificate issue under the
Convention." Thus even though temporarily a Certificate of Service was
valid, after entry into force of the Convention for a Party, a Certificate of
Competence has to be issued for a period not exceeding five years. The last
part of sub- clause (2) of Article VII enjoins that "all other
candidates" (i.e. those who do not have Certificate of Competence)
"shall be examined and certified in accordance with the Convention."
Counsel has strenuously contended that CoS issued under Section 80 would
continue to be valid and acceptable in terms of Article VII(3) of the 1978
Convention as amended in 1995. According to the counsel, all existing CoS
issued under Section 80 and saved by Section 5 of the Act are being recognised
and accepted under Article VII of the Convention.
Reading
Article VII as it is, in our view, it only permits continuance of CoS
temporarily. It is a transitional provision. The governing provision remains
Article VI which now requires that Certificates be issued to those who meet the
requirements. Now there can only be Certificates contemplated by the
Convention. In India Certificates contemplated by the Convention are continued
to be called Certificates of Competence only for sake of convenience.
Rule
15 and M.S. Notice 4 of 2001 are being discriminatory and violative of Articles
14 and 19 of the Constitution.
Before
we answer this question we may at this stage notice the prefaces of the 1978
Convention and 1995 Convention. The preface to 1978 convention reads:-
"THE PARTIES TO THIS CONVENTION, DESIRING to promote safety of life and
property at sea and the protection of the marine environment by establishing in
common agreement international standards of training, certification and watchkeeping
for seafarers, CONSIDERING that this end may best be achieved by the conclusion
of an International Convention on Standards of Training, Certification and Watchkeeping
for Seafarers, HAVE AGREED AS FOLLOWS:
---------
--------- Further, the introduction of 1995 Convention reads:-
INTRODUCTION:
1. The
revised STCW Convention (STCW 95) entered into force on 1 February, 1997. Transitional arrangements allow
existing certificates to remain valid (subject to existing revalidation
requirements) for 5 years until 1 February 2002. The Convention requires that certificates issued under
STCW 78 be assessed and updating training undertaken where necessary to meet
the STCW 95 requirements.
1.2 In
the United Kingdom we have taken the opportunity
provided by the revision of STCW to review our domestic certificate structure.
The new structure came into force on 13 March 1997 with the Merchant Shipping
(Training and Certification) Regulations 1997.
Training
and examination under the existing arrangements leading to certificates of
competency Class 1 to 5 may only be undertaken by those seafarers who commenced
seagoing service which formed part of an approved training or educational programme
before 1 August 1998. All candidates for merchant navy certificates starting
training after 1 August
1998 must receive
training which meets the requirements of STCW 95.
.
6.0
CERTIFICATE OF SERVICE:
6.1
Holders of certificates of service who wish to become holders of certificates
of competency complying with the requirements of STCW 95, will be required to
undertake some assessment before the issue of any such certificate. That
assessment will make full use of the VQ system and take account of previous
experience.
Certificate
holders will be assessed to ascertain that their competence level matches that
of the STCW 78, certificate of competency they are assumed to hold under
existing equivalency arrangements (see Appendices 4 and 5), or that of a lower
level of their choice.
Additional
training or updating may be required in order to comply with the STCW 95
requirement to provide evidence of training and competency regarding emergency
procedures, occupational safety, medical care, survival functions and radio
communications including GMDSS, appropriate to the category of certificate
involved. Following satisfactory assessment and any additional retraining or
updating required, certificate of service holders will be issued with
equivalent STCW 95 certificates of competency as indicated in Appendices 2 and
3. Alternatively, certificate of service holders may retain their certificates
and revalidate them at the due date. However, revalidation will only last until
31 January 2002 after which date the certificate of service will no longer be recognised.
..
Reading
of prefaces of 1978 Convention and 1995 Convention, it is clear that rationale
behind the signing of the International Convention, of which India is a
signatory, is to bring the uniformity of standard internationally. This has
become necessary to comply with the STCW 95 requirement to provide evidence of
training and competency regarding emergency procedures, occupational safety,
medical care, survival functions and radio communications etc. The whole idea
behind convening of such Conventions is to attain the uniformity of standard of
competence internationally because the ships sail on international water.
Rule
15 reads:- "Minimum requirements for certification of Master (Master of a
foreign-going ship) on ships of 500 gross tonnage or more:-
1.
Every Master on a sea-going ship of 500 gross tonnage or more shall hold an
appropriate Certificate of Competency in Form 3.
2.
Every candidate for certification shall-
(i)
hold a certification of competency as First Mate of foreign-going ship (Chief
Mate on ships of 500 gross tonnage or more);
(ii) have
approved sea-going service as an Officer in charge of a navigational watch on
ships of 500 gross tonnage or more for a period of not less than three years.
However,
this period may be reduced by the Chief Examiner concerned to a period of not
less than thirty months, or pro-rata, if not less than one year of such sea-
going service served as Chief Mate;
(iii) have
completed an approved ship management course;
(iv) have
completed approved simulator training in ship handling, and manoeuvring; and
have completed approved examination and assessment.
M.S.
Notice 4 of 2001 was issued on the basis of 1978 convention as amended in 1995.
The relevant paragraphs read as under:- Preamble: The M.S Notice No.4 of 2001
Supercedes the M.S. Notice No.2 of 2000 pursuant to the Statement of Counsel
appearing the the Director General of Shipping to the Hon'ble Division Bench of
Mumbai High Court presided by Hon'ble Mr. Justice A.P.Shah and Hon'ble Mr.
Justice S. Vazifdar in Writ Petition Nos. 1314/2000, 1347/2000, 1348/2000,
1546/2000 and 2322/2000.
1.
Purpose of the Notice:- The purpose of this notice is to prescribe the
procedure of continued employment of officers presently in possession of
Certificate of service as Master (F.G.) by obtaining a Certificate of
Competency referred in Article VI.
Regulation
1/2 of the STCW 78 Convention as amended in 1955 (hereafter referred to as STCW
1995). This has become necessary because the amended STCW Convention provides
that the candidate for certification need to demonstrate their competence to
the certifying authorities through appropriate assessment. Further merchant
ship's design, construction operation, manning and management practices have
become considerably specialized and vastly different from those of naval ships.
Hence
the holders of the Certificate of Service from Indian Navy will be required to
undergo the procedures of certification as described hereunder.
Requirement
under amended STCW Convention:- In accordance with STCW Convention as amended
in 1995 and M.S. (STCW) Rules, 1998 (GSCR 91 (E) dated 28th April 1998), which
will be fully implemented by Ist February 2002, officers in possession of the
Certificate of Service are encouraged to obtain Certificate of Competency
issued under the amended STCW Convention. As such, those officers who are in
possession of the Certificate of service and desirous of converting their
Certificate of service into certificate of Competency shall be required to
undertake steps as early as possible under Rule 11 with regard to guidelines to
be followed by such officers to convert their Certificate of Service into
Certificate of Competency.
3..
4.
Categories of Naval Officers:- For the purpose of determining the appropriate
training, education and assessment program, the holders of Certificate of
Service as Masters of a foreign going ships are divided into the following
categories:-
(a)
Officers in possession of Certificate of service with minimum of 36 month of
approved sea going experience of which at least 12 months in the capacity as
Master on a trading ship of 3000 GT or more.
(b)
Officers in possession of Certificate of service with approved sea going
experience of 18 months of more but less than 36 months as a Watch Keeping
Officers, of which at least 6 months in the capacity of Master, on a trading
vessel of 3000 GT or more.
(c)
Officers in possession of Certificate of Service with a minimum approved
sea-going service of 6 months or more but less than 18 months as a
Watch-Keeping officer on a trading ship of 3000 GT or more.
(d)
Officer in possession of Certificate of Service with minimum of 36 months of
approved sea going experience, of which at least 12 months in the capacity as
Master, on a trading ship of 500 GT or more but less than 3000 GT.
(e)
Officers in possession of Certificate of Service with approved Sea going
service of 18 months or more but less than 36 months as a watch-keeping
officer, of which at least 6 months in the capacity as Master, on a trading
vessel of 500 GT or more but less than 3000 GT.
(f)
Officers in possession of Certificate of Service with an approved sea-going
service of 6 months or more but less than 3000 GT.
(g)
Officers in possession of Certificate of Service with less than 6 months
approved sea-going service as a Watch-keeping officer on a trading ship of 500
GT or more.
5.
Officers in possession of Certificate of Service with minimum of 36 months of
approved sea-going experience of which at least 12 months in the capacity as
Master on a trading vessel of 3000 GT or more.
Every
such candidate shall successfully complete 1 month of Advanced Ship Board
Management Course being conducted at LBSCAMSAR Mumbai. On successful completion
of the said course, a candidate is required to complete all modular courses as
applicable for Master's certification except ship maneuvering simulator course.
The candidate is required to appear for oral assessment of Master (FG) by a
panel of examiners appointed by Chief Examiners of Master & Mates.
On
successful completion of the same, the candidate will be issued with Masters
(FG) STCW 95 Certificate of Competency.
6.
7.
Officers in possession of certificate of service with approved sea-going
service of 6 months or more but less than 18 months as a watch-keeping officer
on a trading ship of 3000 GT or more.
Every
such candidate shall successfully complete relevant course for the following
written and oral assessment of Management Level.
(i)
Management level Function - I - Navigation (a) Navigation Aids Including Compasses
(ii)
Management level Function-II (a)Cargo Handling and Stowage
(iii)
Management level Function III - Controlling and Operation of Ships and care for
persons on board
(a)Naval
Architecture Paper -II
(b)Maritime
Legislation
(iv)
Master's Advanced Shipboard Management Paper - after successful completion of
relevant papers of management level written examination as above.
The
candidate shall thereafter complete all required modular courses and appear for
oral assessment of Master (FG) including syllabus of the relevant subjects of
the Management Level by the panel of examiners as appointed by Chief Examiner
of Master & Mates.
On
successful completion of the same, Master (FG)'s STCW Certificate of Competence
will be issued.
8..
9.
Officers in possession of certificate of Service with minimum of 36 months of
approved sea-going experience of which at least 12 months in the capacity as
Master on a trading ship of 500 GT or more but less than 3000 GT.
Every
such candidate shall successfully complete 1 month of Advanced Ship Board
Management Course.
On
successful completion of the said course, a candidate is required to complete
all modular courses as applicable for master's certification except ship
maneuvering simulator course. The candidate is then required to appear for oral
assessment in Advanced Ship-board management Functions, Navigation and Cargo
Handling Functions of Master (FG) by a panel of examiners appointed by Chief
Examiners of Master & Mates.
On
successful completion of the same, the candidate will be issued with Master
(FG) STCW 95 Certificate of Competency with the endorsement "Limited to
vessels less than 3000 GT".
10. ..
11. .
From a
cursory reading of the notice, it is clear that different standards are
prescribed for different categories to achieve the competence of par
excellence, keeping in view the emergency situation, occupational safety,
medical care, survival functions etc. while sailing on sea. Thus, such
procedures have been prescribed to attain the uniformity of standard
internationally. As already noticed India is a signatory to the Convention.
Even
though the 1995 Convention made no changes in the Articles Regulation 1/2
provided that the certificate which was to be issued under Article VI required
the Director General of Shipping to certify that the person has been found duly
qualified in accordance with the provisions of the Regulation 1/2. Further,
Regulation 1/11 of the 1995 Convention states as follows:- "Each party
shall compare the standards of competency required prior to 1st February 2002
and as per Part-A of the STCW Code-1995, and determine the need for requiring
the holders of all such certificates to undergo appropriate refresher,
competing training or assessment." Thus, now the Director General of Shipping
is required to determine the need for requiring the holders of certificates to
undergo either refresher course or competing training or assessment before he
can certify as required under the 1995 Convention. It cannot be denied that a
Master of a Merchant Navy Ship, by the time he attains the rank of a Master,
will have given 15 examinations and 3 orals. It cannot be denied that the Naval
Officers who, by virtue of Section 80, as it then stood, got certificates of
service had never been assessed and were merely given certificates of service
without any examinations. The 1995 Convention specifically requires the
Director General of Shipping to determine the competency.
The
aforesaid notice was issued in conformity with Rules 11 and 15 framed under the
Convention. The distinction between CoS and CoC is clearly based on
intelligible differentia. Article 14 forbids discrimination but allows
reasonable classification based on intelligible differentia. In the present
case, the reasonable classification is aimed at to achieve the uniformity of
competence internationally. By no stretch of imagination such classification
can be termed as discriminatory or violative of Articles 14 and 19 of the
Constitution. Clearly in our view such Rules framed thereunder are intra vires
of the Convention and the Act.
However
we found that provisions had been made in M.S. Notice Nos. 4, 5 and 6 for a
holder of Certificate of Service (CoS) to convert this into a Certificate of
Competency (CoC), as a master, including for those who had not sailed as a
master. For such persons who do not desire to have a master's competency but
want only an endorsement, under 1995 Convention, as a Chief Mate, no provisions
were made. It was however clarified that under the "Merchant Shipping
Rules" framed under the 1978 Convention, a Chief Mate in order to obtain a
Master certificate of competency (CoC) needed to go through written
examinations of 5 papers and an oral examination. However, under the Rules made
under the 1995 Convention, these examinations are already covered for the Chief
Mate Certificate and, therefore, a Chief Mate has to only pass orals and a
course of Advanced Ship Board Management, for one month, to convert himself
into a master under the 1995 Convention. As a CoS holder who will be given a CoC as a Chief Mate under 95 Convention
would not have to go through an examination for conversion to Master's
Certificate it will be contrary to Regulation 1/11. It was thus clarified that
on completion of the requirements, the Certificate of Service holders, who have
sailed as Chief Officers or as Second Mates, will be granted Certificates of
Competency as Chief Officers with a notation "E". This notation is
only to identify the holders of such Chief Mate certificates and to ensure
that, when they come for conversion as masters, they would be required to
undergo written examinations covering phase-II of Chief Mate courses. If any of
the Certificate of Service holders desire to convert his certificate into
Certificate of Competency, without the endorsement "E", he may, at
any time, undergo written examinations of phase-II courses, whereupon the
endorsement "E" would be deleted.
Mr. Venkiteswaran,
on instructions from the Director General of Shipping, gave an undertaking that
the following provisions shall be made:- "1) Ex-Naval Officers in
possession of Certificate of Service (COS) with minimum 36 months of approved
sea-going experience of which atleast 12 months in the capacity as Chief Mate
on a trading vessel of 3000 GT or more.
Every
such candidate shall successfully complete 3 months of Phase II course of
Management level. On successful completion of said course a candidate is
required to complete all modular courses as applicable for Chief Mate
certification.
The
candidate is then required to appear in oral assessment of Chief Mate (FG) by a
panel of examiners appointed by Chief Examiners of Master & Mate from The
Directorate General of Shipping, Ministry of Shipping.
On
successful completion of the same the candidate will be issued with Chief Mate
(FG) certificate of competency (COC) with suffix "E".
2.
Ex-Naval Officers in possession of Certificate of Service (COS) with minimum 36
months of approved sea- going experience of which alteast 12 months in the
capacity as Chief Mate on a trading vessel of 500 GT or more but less than 3000
GT.
Every
such candidate shall successfully complete 3 months of Phase II course of
Management level. On successful completion of said course a candidate is
required to complete all modular courses as applicable for Chief Mate
certification.
The
candidate is then required to appear in oral assessment of Chief Mate (FG) by a
panel of examiners appointed by Chief Examiners of Master & Mate from The
Directorate General of Shipping, Ministry of Shipping.
On successful
completion of above, the candidate will be issued with Chief Mate (FG)
certificate of competency (COC) with endorsement "Limited to Vessel less
than 3000 GT & with suffix "E".
3)
Ex-Naval Officers in possession of Certificate of Service (COS) with approved
sea-going experience of 18 months or more but less than 36 months as a
watch-keeping officer, of which atleast 6 months in the capacity as Chief Mate
on a trading vessel of 3000 GT or more.
Every
such candidate shall successfully complete 3 months of Phase I & 3 months
of Phase II course of Management level. On successful completion of said course
a candidate is required to complete all Modular courses as applicable for Chief
Mate certification. The candidate is then required to appear in oral assessment
of Chief Mate (FG) by a panel of examiners appointed by Chief Examiners of
Master & Mate from The Directorate General of Shipping, Ministry of
Shipping.
On
successful completion of above, the candidate will be issued with Chief Mate
(FG) certificate of competency (COC) with suffix "E".
4)
Ex-Naval Officers in possession of Certificate of Service (COS) with approved
sea-going experience of 18 months or more but less than 36 months as a
watch-keeping officer, of which atleast 6 months in the capacity as Chief Mate
on a trading vessel of 500 GT or more but less than 3000 GT.
Every
such candidate shall successfully complete 3 months of Phase I & 3 months
of Phase II course of Management level. On successful completion of said course
a candidate is required to complete all Modular courses as applicable for Chief
Mate certification. The candidate is then required to appear in oral assessment
of Chief Mate (FG) by a panel of examiners appointed by Chief Examiners of
Master & Mate from The Directorate General of Shipping, Ministry of
Shipping.
On
successful completion of above, the candidate will be issued with Chief Mate
(FG) certificate of competency (COC) with endorsement "Limited to Vessel
less than 3000 GT & with suffix "E".
5)
Ex-Naval Officers in possession of Certificate of Service (COS) with 12 months
of approved sea-going experience in the capacity as Watch-keeping officer on a
trading vessel of 3000 GT or more.
Every
such candidate is required to complete all modular courses as applicable for 2nd
Mate (FG) certification & appear in oral assessment of 2nd Mate (FG) by a
panel of examiners appointed by Chief Examiners of Master & Mate from The
Directorate General of Shipping, Ministry of Shipping.
On
successful completion of the same the candidate will be issued with 2nd Mate
(FG) certificate of competency (COC).
6)
Ex-Naval Officers in possession of Certificate of Service (COS) with minimum 12
months of approved sea-going experience in the capacity as Watch-keeping
officer on a trading vessel of 500 GT or more but less than 3000 GT.
Every
such candidate is required to complete all modular courses as applicable for
2nd Mate (FG) certification & appear in oral assessment of 2nd Mate (FG) by
a panel of examiners appointed by Chief Examiners of Master & Mate from The
Directorate General of Shipping, Ministry of Shipping.
On
successful completion of the same the candidate will be issued with 2nd Mate
(FG) certificate of competency (COC) with endorsement "Limited to Vessel
less than 3000 GT.
7)
Ex-Naval Officers in possession of Certificate of Service (COS) with minimum 6
months or more but less than 12 months of approved sea-going experience in the
capacity as Watch-keeping officer on a trading vessel of 3000 GT or more.
Every
such candidate is required to successfully complete 4 months of 2nd Mate (FG)
course. On successful completion of the said course, the candidate is required
to complete all modular courses as applicable for 2nd Mate (FG) certification.
The
candidate is then required to appear in oral assessment of 2nd Mate (FG) by a
panel of examiners appointed by Chief Examiners of Master & Mate from The
Directorate General of Shipping, Ministry of Shipping.
On
successful completion of above, the candidate will be issued with 2nd Mate (FG)
certificate of competency (COC).
8)
Ex-Naval Officers in possession of Certificate of Service (COS) with minimum 6
months or more but less than 12 months of approved sea-going experience in the
capacity as Watch-keeping officer on a trading vessel of 500 GT or more but
less than 3000 GT.
Every
such candidate is required to successfully complete 4 months of 2nd Mate (FG)
course. On successful completion of the said course, the candidate is required
to complete all modular courses as applicable for 2nd Mate (FG) certification.
The
candidate is then required to appear in oral assessment of 2nd Mate (FG) by a
penal of examiners appointed by Chief Examiners of Master & Mate from The
Directorate General of Shipping, Ministry of Shipping.
On
successful completion of the same the candidate will be issued with 2nd Mate
(FG) certificate of competency (COC) endorsement "Limited to Vessel less
than 3000 GT.
9)
Ex-Naval Officers in possession of Certificate of Service (COS) with less than
6 months of approved sea-going experience in the capacity as Watch-keeping
officer on a trading vessel of 3000 GT or more.
Every
such candidate is required to successfully complete 4 months of 2nd Mate (FG)
course and appear in written examination for
1)
Ship Construction, Stability, Ship Safety & Environment Protection
2)
Cargo Handling & Stowage.
In
addition, complete all modular courses as applicable for 2nd Mate (FG)
certification & appear in oral assessment of 2nd Mate (FG) by a panel of
examiners appointed by Chief Examiners of Master & Mate from The
Directorate General of Shipping, Ministry of Shipping.
On
successful completion of the same the candidate will be issued with 2nd Mate
(FG) certificate of competency (COC).
10)
Ex-Naval Officers in possession of Certificate of Service (COS) with minimum 12
months of approved sea-going experience in the capacity as Watch-keeping
officer on a trading vessel of 500 GT or more but less than 3000 GT.
Every
such candidate is required to successfully complete 4 months of 2nd Mate (FG) course
and appear in written examination for
1)
Ship Construction, Stability, Ship Safety & Environment Protection
2)
Cargo Handling & Stowage.
In
addition, complete all modular courses as applicable for 2nd Mate (FG)
certification & appear in oral assessment of 2nd Mate (FG) by a panel of
examiners appointed by Chief Examiners of Master & Mate from The
Directorate General of Shipping, Ministry of Shipping.
On
successful completion of the same the candidate will be issued with 2nd Mate
(FG) certificate of competency (COC) endorsement "Limited to Vessel less
than 3000 GT.
NOTE
1)
Suffix "E" indicates that the candidate has undergone the course but
not passed the written examination. Therefore, such candidates are required to
pass examination of Phase II subjects, namely, navigational Aids including
compasses, Bridge Watch-keeping, Ship Handling & Emergencies, Engineering
Knowledge, instruments & control systems, Naval architecture paper II &
Maritime legislation (Total 5 Nos.) prior to being considered eligible for
Master's examination.
This
is required to facilitate such candidates fulfill the competence &
eligibility criteria for Master's examination.
(i)
"Trading ships" in the merchant navy means tanker, bulk carrier,
container ship, general cargo ship or passenger ship and such other ships which
are used for carriage of cargo or passenger or both.
(ii)
The assessment of approved sea time shall be carried out as per prescribed
guidelines in META Manual Volume - 1 (Reference Section M-II/11)
(iii)
Successful completion of course means completion of the prescribed term of the
respective courses and completion of the process of internal assessment by any
institute approved by the Directorate General of Shipping.
(iv)
Those who have completed the modular courses at any institute approved by the
Directorate General of Shipping on or before 1st March 2001 would be accepted
as having successfully completed the modular courses.
(v)
The expiry date for assessment of sea time eligibility criteria for officers in
possession of Certificate of Service is 31st January, 2002.
(vi)
The panel of examiner, appointed by the Chief Examiner of Master & Mates
shall include at least one external examiner from the industry, on the basis of
the guidelines laid down for this purpose." We order accordingly.
This
bunch of petitions is being disposed of in the above terms.
Parties
are asked to bear their own costs.
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