Kerala High Court
M/S.Euro Tech Maritime Academy vs The Director General Of Shipping on 25 June, 2015
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 16TH DAY OF JULY 2018 / 25TH ASHADHA, 1940
WP(C).No. 17060 of 2018
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PETITIONER:
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M/S.EURO TECH MARITIME ACADEMY,
KAKKATIKAKARA, KIZHAKKAMBALAM,
PAZHANGANADU,
REPRESENTED BY ITS MANAGING DIRECTOR,
MR.JENSON PAUL, AGED 47 YEARS, S/O.M.P.PAUL,
MALIYEKKAL HOUSE,
10 F. PARTHNAM APARTMENTS, EDAPPALLY,
ERNAKULAM.
BY SRI.K.P.DANDAPANI (SENIOR ADVOCATE)
ADVS.SMT.PRAICY JOSEPH
SRI.VINO JOSE
SMT.TANYA JOY
SRI.JOY GEORGE
RESPONDENT(S):
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1. THE DIRECTOR GENERAL OF SHIPPING,
JAHAZ BHAWAN, WALCHAND HIRACHAND MARG,
FORT MUMBAI-400001.
2. ASST. DIRECTOR GENERAL OF SHIPPING (TRAINING),
BETA BUILDING, 9TH FLOOR, I-THINK TECHNO CAMPUS,
KANJUR VILLAGE ROAD, KANJUR MARG (EAST),
MUMBAI-400042.
3. PRINCIPAL OFFICER,
MERCANTILE MARINE DEPARTMENT,
KOCHI-682009.
4. UNION OF INDIA,
REPRESENTED BY THE SECRETARY,
MINISTRY OF SHIPPING,
NO: 1-PARLIAMENT STREET, NEW DELHI- 110001.
BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
SMT.C.G.PREETHA, CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 29-06-2108, THE COURT ON 16-07-2018 DELIVERED THE
FOLLOWING:
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WP(C).No. 17060 of 2018 (F)
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APPENDIX
PETITIONERS' EXHIBITS:
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EXHIBIT P1 TRUE COPY OF THE ISO 9001/2008 CERTIFICATE
DATED 25.06.2015 AWARDED TO THE PETITIONER INSTITUTE.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 1.8.2017
ISSUED BY RINA WHICH IS VALID UPTO 26.7.2020.
EXHIBIT P3 TRUE COPY OF THE APPROVAL FOR B-TECH COURSE
DATED 18.06.2012.
EXHIBIT P4 TRUE COPY OF THE PROSPECTUS OF THE
M/S.EURO-TECH MARITIME ACADEMY INSTITUTE.
EXHIBIT P5 TRUE COPY OF THE COMPUTER PRINTOUT OF THE
COMMUNICATION REGARDING PLACEMENTS DATED 10.4.2018.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 15.2.2018 ISSUED BY
THE OFFICE OF THE 1ST RESPONDENT AFTER THE INSPECTION.
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION EVIDENCING THE
COMPLIANCE OF EXHIBIT P6 DATED 26.03.2018.
EXHIBIT P8 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 4.4.2018
CONTAINING THE PROHIBITORY ORDER OF TAKING ADMISSION.
EXHIBIT P9 TRUE COPY OF THE EXPLANATION TO EXHIBIT P8
NOTICE BEARING NO.EMA/TRG/250/01/6796 DATED 11.4.2018.
EXHIBIT P10 TRUE COPY OF THE RELEVANT PORTION OF GENERAL
GUIDELINES FOR PRE-SEA COURSES, PART V OF
DISCIPLINARY ACTION.
EXHIBIT P11 TRUE COPY OF THE LETTER DATED 14.06.2017 ISSUED
BY THE MERCHANT NAVY CONSIDERING THE TRAINING
OF PST COURSE.
EXHIBIT P12 TRUE COPY OF THE REQUEST DATED 29.12.2017 TO
MERCHANT NAVY CLUB FOR EXTENDING SWIMMING
POOL FACILITY FOR A FURTHER PERIOD OF 1 YEAR
FROM 1.1.2018 TO 31.12.2018 FOR THE PST COURSE.
EXHIBIT P13 TRUE COPY OF THE RECEIPT SHOWING PAYMENT OF
RENT FOR THE USAGE OF SWIMMING POOL FACILITY
FOR THE MONTH DECEMBER IN 2017.
EXHIBIT P13(A) TRUE COPY OF THE RECEIPT SHOWING PAYMENT OF
RENT FOR THE USAGE OF SWIMMING POOL FACILITY
FOR THE MONTH JANUARY IN 2018.
EXHIBIT P13(B) TRUE COPY OF THE RECEIPT SHOWING PAYMENT OF
RENT FOR THE USAGE OF SWIMMING POOL FACILITY
FOR THE MONTH FEBRUARY IN 2018.
EXHIBIT P14 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN W.P.(C) NO.13998 OF 2018 DATED 17.4.2018.
EXHIBIT P15 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP NO.14293 OF 2018 DATED 27.4.2018.
WP(C).No. 17060 of 2018 (F)
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EXHIBIT P16 TRUE COPY OF THE I.A. UNNUMBERED FILED IN WP NO.14293 OF 2018.
EXHIBIT P17 TRUE COPY OF HEARING PROCEEDINGS BEARING NO.
3-TR(12)/2000-ETO PART II BY THE ASSISTANT DIRECTOR
GENERAL OF SHIPPING IN COMPLIANCE WITH EXT. P15,
DATED 21.5.2018.
EXHIBIT P18 TRUE COPY OF THE ORDER OF 2ND RESPONDENT,
BEARING NO.F.NO.3-TR(12)/2000-ETO PART II DATED 21.5.2018.
EXHIBIT P19 TRUE COPY OF LETTER DATED 30.5.18 ISSUED BY THE
PETITIONER FOR INSPECTION.
EXHIBIT P20 TRUE COPY OF THE CERTIFICATE DATED 28.5.18 ISSUED
BY THE WATER PURIFICATION AGENCY.
EXHIBIT P21 THE PHOTOGRAPHS SHOWING THE ARRIVAL OF OFFICERS FOR
INSPECTION AT 9.30 A.M. (2 IN NOS.)
EXHIBIT P22 THE PHOTOGRAPHS SHOWING THE RETURN OF OFFICERS
AT 5.00 P.M. (2 IN NOS.)
EXHIBIT P23 THE PHOTOCOPY OF THE LETTER DATED 6.6.2018 TO THE
3RD RESPONDENT.
EXHIBIT P24 PHOTOCOPY OF THE TEST REPORT OF THE WATER SAMPLE
DATED 3.6.2018 AND 4.6.2018.
EXHIBIT P25 THE PHOTOCOPY OF THE ORDER DATED 7.6.2018
COC.NO.922/2018.
EXHIBIT P26 THE PHOTOCOPY OF THE COMPUTER PRINTOUT SHOWING THE
RANKING OF THE INSTITUTION IN ALL INDIA LEVEL.
EXHIBIT P27 THE COMPLAINT FILED BY THE MANAGEMENT BEFORE THE
MINISTRY DATED 12TH APRIL 2018.
EXHIBIT P28 THE COMPLAINT BEFORE THE DG SHIPPING DATED 17.1.2018.
EXHIBIT P29 THE PHOTOCOPY OF THE REPLY RECEIVED BY THE PETITIONERS
UNDER RIT ACT.
EXHIBIT P30 THE PHOTOCOPY OF THE INSPECTION DETAILS ON 6TH AND
7TH DECEMBER.
EXHIBIT P31 THE PHOTOCOPY OF COMPLAINT BEFORE THE HUMAN RIGHTS
COMMISSION DATED 6.6.2018.
EXHIBIT P32 THE PHOTOCOPY OF THE FIR DATED 6.6.2018 OF ERNAKULAM
SOUTH STATION.
RESPONDENTS' EXHIBITS:
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EXHIBIT R1A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 29.12.2017.
/TRUE COPY/
P.S.TO JUDGE
mbr/
17.07.2018.
ANU SIVARAMAN, J.
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W.P(C).No. 17060 of 2018
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Dated this the 16th day of July, 2018
JUDGMENT
The petitioner has approached this Court seeking the following reliefs:
b