CHENNAI: The Madras High Court on Monday set aside the notices of the Director General of Shipping (DGS) granting power to himself (DGS) to grant approval, recognition and affiliation of the institutes offering maritime studies.
“This court is of the view that the notices, which are in the form of executive instructions purported to be issued in exercise of the statutory provisions of the Merchant Shipping Act (MSA), cannot override the statutory provisions of the Indian Maritime University Act,” Justice S Manikumar observed.
The judge was allowing writ petitions from Maritime Institutes Association by its secretary C V Jothikumar and the International Maritime Academy, challenging the notices issued on April 27 and May 29 this year by the DGS and to restrain the Union Ministry of Shipping and Road Transport and the DGS from in any manner interfering with the Indian Maritime University’s (IMU) power of granting affiliation, approval of courses and supervision of member institutes.
The petitioners contended that the DGS was a subordinate officer under the secretary, Ministry of Shipping, whereas the Vice-Chancellor of the IMU was an independent authority and therefore, the DGS could not usurp the IMU’s power. The DGS did not have any independent power to inspect or monitor maritime institutions, approve the courses, regulate admissions and prescribe the eligibility criteria under any statute in general or under the MSA or any other Merchant Shipping Rules.
Allowing the petitions, Justice Manikumar observed that institutions like AICTE, MCI and DCI were statutory bodies created under the respective enactments like AICTE Act, MCI Act and DCI Act, wherein the constitutional authorities were specifically empowered to grant recognition to the institutes/colleges, approve the courses, permit additional intake of students, etc. But the DGS was not a creator on any statute specifically empowered to do so.
Therefore, the contention that DGS was a regulatory body for the entire maritime education could not be countenanced.