CASE NO.: Appeal (civil) 6699 of 2002 PETITIONER: Naresh Kumar & Anr. RESPONDENT: Union of India & Ors. DATE OF JUDGMENT: 05/04/2004 BENCH: S.N. VARIAVA & H.K. SEMA. JUDGMENT:
J U D G M E N T
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.