Madrasreserved High Court · 2025

W.P.No.32728 of 2025Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records of the first respondent herein in F.No.20-11011/33/2021-TRG-DGS (C.No.8093) dated 07.07.2025 and quash the same and direct the first respondent herein to restore the student intake capacity of the petitioner Institution as per the Approval No.TR/A/76/2018 dated 14.12.2018. For Petitioner: Mr.C.Sankaran, Senior Counsel For Mr.S.BharathirajanFor Respondents: Mr.AR.L.Sundaresan, Additional Solicitor General of India Assisted by Mr.N.Sivaprakash Central Government Standing CounselORDERThis Writ Petition has been filed challenging the order dated 07.07.2025, passed by the first respondent thereby permanetly revising or revoking the approvals granted to the petitioner and also revising the intake approved for 6 batches of 40 candidates per annum in Training for General Purpose Rating course and two batches of 40 candidates for Certificate Course in Maritime Catering and directing the petitioner Institute to accommodate the excess candidates under the previous unauthorized batch and also allow them to undergo training afresh in the newly approved batches. Page 2 of 18https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.32728 of 20252.The petitioner is an approved Maritime Training Institute (hereinafter referred to as “MTI”) for conducting maritime safety courses viz., Elementary First Aid Course (EFA), Personal Safety and Social Responsibility Course (PSSR), Fire Prevention and Fire Fighting Course (FPFF) and Personal Survival Techniques Course (PST). By the circular dated 21.03.2018, issued by the first respondent viz., the Director General of Shipping (hereinafter referred to as “DGS”), all the five courses were combined into one course by named Basic Safety Training Course (hereinafter referred to as “BST”). By an order dated 14.12.2018, the first respondent approved the petitioner for conducting ten courses as follows :-Sl. No.Name of the CourseIntake capacity/ BatchBatches per year1.Personal Safety and Social Responsibilities24242.Elementary First Aid24243. Fire Prevention and Fire Fighting24244.Personal Survival Techniques24245.Crowd Management, Passenger Safety and Safety Training24246.Training for General Purpose Rating4097Certificate Course in Maritime Catering4068.Refresher Training for Proficiency in PST24729.Refresher Training for Proficiency in FPFF247210.Security Training for Seafarer with 2496Page 3 of 18https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.32728 of 2025Sl. No.Name of the CourseIntake capacity/ BatchBatches per yeardesignated Security Duties3.The petitioner had admitted 2304 students as per the approved intake and in the academic year 2023, it was able to upload only 480 students in the course of BST as against the approved intake of 2304 students. Therefore, they submitted representation to the first respondent and there was no response for the same. Hence, the petitioner filed a writ petition in W.P. No.30593 of 2023 for direction to open the portal for admission of remaining 1543 students in the BST programme for the academic year 2023. 4.In the said writ petition, the first respondent had shown some deficiencies in the petitioner's compliances and thereafter an inspection was conducted on 23.11.2023. As per the inspection report, twenth two (22) deficiencies were found. After having been recifying the deficiencies, the petitioner submitted representation. Once again the inspection was conducted on 26.03.2021. As per the inspection report, eight (8) deficiencies were rectified and the remaining were not rectified. Therefore, by an order dated 28.08.2024, the petitioner was granted Page 4 of 18https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.32728 of 2025permission to intake students from 01.01.2025, as below:-Sl. No.Name of the CourseIntake capacity/ BatchBatches per year1.Basic Safety Training2042.Certificate Course in Maritime CateringRevokedRevoked3. Crowd Management, Passenger Safety and Safety Training.RevokedRevoked4.Refresher Training for Proficiency in PSTRevokedRevoked5.Refresher Training for Proficiency in FPFFRevokedRevoked6.Security Training for Seafarer with designated Security Duties2447Training for General Purpose Rating4025.It was challenged before this Court in W.P.No.33481 of 2024. The petitioner also filed petition for appointment of Advocate Commissioner to have an inspection of compliance. This Court appointed Advocate Commissioner and received the report from the Advocate Commissioner. On the basis of the Advocate Commissioner report, both the writ petitions in W.P.Nos.30593 of 2023 & 33481 of 2024 were disposed of by an order dated 30.01.2025, with directions to the first and second respondents to open the portal for BST Course and Certificate Course in Maritime Catering (hereinafter referred to as “CCMC”) for general with immediate effect taking into consideration the wellbeing of the students so as to safeguard their career, but at the same time directed Page 5 of 18https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.32728 of 2025the petitioner to strictly adhere to the rules and to rectify the deficiences as pointed out by the learned Advocate Commissioner and the Inspection Committee within a period of one month without any failure. 6.After passing the above order by this Court, the first respondent did not open the portal and the respondents preferred writ appeals as against the order passed by this Court in W.A.Nos.1211 & 1212 of 2025. The petitioner submitted compliance report dated 21.03.2025. After hearing both sides, the Hon'ble Division Bench of this Court, by the judgment dated 24.06.2025, directed the respondents 1 & 2 herein, to pass orders in accordance with law within a period of two weeks, after perusing the compliance report submitted by the petitioner herein. In compliance of the said order, the respondent passed order and revised the intake of students for the petitioner’s institutions with immediate effect as follows:-Sl. No.Name of the CourseIntake capacity/ BatchBatches per year1.Basic Safety Training20162.Certificate Course in Maritime Catering4023. Crowd Management, Passenger Safety and Safety Training.RevokedRevoked4.Refresher Training for Proficiency in RevokedRevokedPage 6 of 18https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.32728 of 2025Sl. No.Name of the CourseIntake capacity/ BatchBatches per yearPST5.Refresher Training for Proficiency in FPFFRevokedRevoked6.Security Training for Seafarer with designated Security Duties20167Training for General Purpose Rating4006Further the course approvals granted to the petitioner stood permanently revised or revoked based on the faculty strength, infrastructure and resources available as detailed below:-Sl. No.Name of the CourseApproval No.Existing approvals (Revised/ Revoked vide Speaking order dated 28.08.2024Revised/ Revoked ApprovalsEffective Date1.Basic Safety Training201804 batches of 20 students each16 batches of 20 students each per annumEffective immediately2.Certificate Course in Maritime CateringTR/A/34/2009Revoked02 batches of 40 students each per annumEffective immediately3. Crowd Management, TR/A/33/2009RevokedPermanently revoked Effective immediatPage 7 of 18https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.32728 of 2025Sl. No.Name of the CourseApproval No.Existing approvals (Revised/ Revoked vide Speaking order dated 28.08.2024Revised/ Revoked ApprovalsEffective DatePassenger Safety and Safety Training.as withdrawnely4.Refresher Training for Proficiency in PSTTR/A/174/ 2013RevokedPermanently revoked as withdrawn Effective immediately5.Refresher Training for Proficiency in FPFFTR/A/173/ 2013RevokedPermanently revoked as withdrawn Effective immediately6.Security Training for Seafarer with designated Security DutiesTR/A/265/ 201304 batches of 20 students each16 batches of 20 students each per annumEffective immediately7Training for General Purpose RatingTR/A/55/ 201302 batches of 40 students each06 batches of 40 students each per annumEffective immediately7.Accordingly, they revised the intake of approved six batches of 40 candidates per annum for GP Rating course and two batches of 40 candidates per annum for CCMC. Further, the petitioner institute was directed to accommodate the excess candidates under the previous Page 8 of 18https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.32728 of 2025unauthorized batches and to re-register the said candidates and allow them to undergo training afresh in the newly approved batches. Aggrieved by the same, the petitioner filed the present writ petition.8.The learned Senior Counsel appearing for the petitioner pressed only for the direction to issue approval of six batches of 40 candidates per annum for GP Rating course and two batches of 40 candidates per annum for CCMC and to accommodate the excess candidates under the previous unauthorized batches and to re-register them to undergo training afresh in the newly approved batch. He further submitted that the students, who were already admitted, had completed their course. The upper age limit for undergoing the course is 24.5 years and some of the students had attained the upper age limit thereby getting disqualified. Therefore, the first respondent ought to have seen that 80 students in the GP Rating Course in the previous batch have been approved by allowing the details to be uploaded in the portal. However, now only 40 students mentioned in GP rating course. It is clear violation of the approval granted by the respondents9.On perusal of the counter affidavit filed by the respondents 1 Page 9 of 18https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.32728 of 2025& 2 and on the submission made by the learned Additional Solicitor General of India, it is revealed that the inspection was conducted on 26.03.2024 and it was found that 14 deficiencies remained unresolved by the report dated 08.04.2024. Further, the inspection was conducted on the basis of the complaint received from the students and it was found that there was lack of teaching faculty, continued levying of unapproved fees of Rs.1,50,000 to 1,90,000/- per candidate, withholding of SSC certificates and passports, delay in BST training causing CDC delay, lack of transparency in fees collection and also violation of the provisions of the Director General of Shipping's circulars. 9.1.He fruther submitted that the petitioner conducted B.Ed., M.Ed., classes and it is contravening the circular. Therefore the petitioner was issued show cause notice dated 21.05.2024. Even thereafter, the deficiencies were not complied with and as such, it was recommended for temporary blocking or downsizing of approved courses including BST, STSDSD, GP Rating and CCMC, with a six months compliance timeline failing which further restrictions on new admissions shall be imposed. In view of the above serious major non-conformities and prosecutable offences committed by the petitioner, the order was passed on Page 10 of 18https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.32728 of 202528.08.2024, thereby reducing the strength of a few courses and revoking the approval on other courses. Further the reinstitution of course approval may be considered only after the rectification and compliance report. 9.2.Therefore, the petitioner approached this Court by way of writ petitions in W.P.Nos.30593 of 2023 & 33481 of 2024 and as per the direction issued in the writ appeals in W.A.Nos.1211 & 1212 of 2025, the respondents conducted inspection and found that certain deficiencies were not complied with. Further the petitioner unlawfully conducted intake of 160 students and had carried unauthorized batches for them. Therefore, after affording various opportunities of fair hearing to the petitioner, the first respondent passed the impuged order in this writ petition. Hence, he prayed for dismissal of this petition.Page 11 of 18https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.32728 of 202510.Heard the learned counsel appearing on either side and perused the material placed before this Court. 11.As per the circular No.31 of 2018, ten deficiencies out of 14 deficiencies were not rectified. Therefore, partial compliance does not satisfy regulatory requirements and comprehensive compliance is mandatory under the DGS circular. Mere partial adherence cannot negate the statutory and regulatory obligations of the petitioner. The Hon’ble Supreme Court of India in the case of UPPSC through its Chairman & anr Vs. Rahul Singh & Anr reported in AIR 2018 SC 2861, held that when there are conflicting views, then the Court must bow down to the opinion of the experts. Judges are not and cannot be experts in all fields and therefore, they must exercise great restraint and should not overstep their jurisdiction to upset the opinion of the experts. Therefore, technical inspection reports and the recommendations for revised approvals are matters requiring specialized knowledge, falling squarely within the obligations and duties of the first and second respondents. 12.As per the compliance report, the first respondent observed as follows :-Page 12 of 18https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.32728 of 2025Sr. No.Deficiency DescriptionGoverning CircularInspection Team remarksCompliance status1.MTI is still using dormitory system for the residential candidatesCircular 31 of 2018, para 2.17.2Total accommodation for 200 candidates occupying 49 rooms with 2 candidates complying DGS Training Circular No.31 of 2018 para 2.17.2. The MTI shown to the inspection team accommodation for 200 students only.Complied for 200 candidates. 2.One table, one chair, one table lamp for each candidate and one full length mirror in the hostel room not providedCircular 31 of 2018, para 2.17.4.2Table and chair for each individual student and full-length mirror per room provided for 51 rooms for 200 candidates intakeComplied for 200 candidates.3.Faculty load matrix and faculty details not uploaded one-governanceCircular 31 of 2018, para 3.5.The MTI reported inability to upload the faculty load matrix to the DGS e-governance portal. While the inspection team accepted submission in the form of hard copy. The load matrix for faculty submitted verified against the CAS attendance for faculty revealed that as on date MTI is holding 3 Nautical Faculty and 2 Complied for 6 G.P. Rating and 2 CCMC batches per yearPage 13 of 18https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.32728 of 2025Sr. No.Deficiency DescriptionGoverning CircularInspection Team remarksCompliance statusEngineering faculty with 20 instructors4.Equipment and teaching aids as specified in Annexure for GP Rating not sufficient for 200 candidates. Institute have approval to conduct 9 batches of 40 candidates of GP rating Course per yearCircular 1 of 2018 para 4 & Annex 9It is found that sufficient equipment and teaching aids now adequate and available for 120 GP Rating candidates only.Complied for 120 candidates (3 batches)5.MTI not carried out renewal CIP after its expiry on 17.04.2021DGS order 4 of 2016 para 9DNV as recognized organization has conveyed MTI that CIP will be carried out after closure of all deficiencies noted by MMDNot Complied6.Depth of the swimming pool is not 12 feet as requiredTraining Circular 7 of 2018, Para 2Although the MTI has increased the depth of the swimming pool to 15 feet, Life raft launching davit with life raft and life boat are required by IMO model course 1.19Complied. Page 14 of 18https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.32728 of 202513.In the light of the above findings, the second respondent by its communication dated 04.07.2025 has recommended for revision of the extant approvals granted to the petitioner as follows :-“Based on the faculty strength, infrastructure, and resources available it is observed that MTI is suitable for conducting 6 batches of GP Rating per year (3 batches in January to June and 3 batches in July to December), 2 batches of CCMC courses per year (1 batch in January to June and I batch in July to December), 16 batches of BST course with batch strength of 20 candidates and 16 batches of STSDSD course with batch strength of 20 candidates only. The recommended batch strengths for BST and STSDSD courses are intended exclusively to meet the training of in-house GP rating and CCMC course candidates. Hence it is recommended that approvals for the courses to be conducted at the MTI be revised as below, subject to conditions mentioned therein:Sl. No.Course NameRecommended Intake & Batches1.General Purpose Rating6 batches/year, 40 candidates per batch2.Certificate Course in Maritime Catering2 batches/year, 40 candidates per batch3.Security Training for Seafarers with Designated Security Duties (STSDSD)16 batches/year, 20 candidates per batch4.Basic Safety Training16 batches/year, 20 Page 15 of 18https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.32728 of 2025Sl. No.Course NameRecommended Intake & Batchescandidates per batch.”Therefore, as directed by the Hon'ble Division Bench of this Court in W.A.Nos.1211 & 1212 of 2025, the first respondent passed a well considered speaking order dated 07.07.2025. This Court finds no infirmity or illegality in the order passed by this Court and the writ petition is devoid of merits and is liable to be dismissed.14.Accordingly, the Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.24.09.2025Index : Yes/NoNeutral citation: Yes/NoSpeaking/non-speaking orderrtsPage 16 of 18https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.32728 of 2025To1. The Additional Director General of Shipping,Office of the Director General of Shipping,9th Floor, Beta Building, I Think Techno Complex,Kanjur Marg (East), Mumbai – 400 042.2. The Principal Officer,Maritime Marine Department,Anchor gate Building 2nd Floor,Rajaji Road, George Town,Chennai – 600 001.3. The Board of Examination for Seafarers,NMS Tianium, 1006, 1007 & 1008,10th Floor, Plot No.74, Sector -15,CBD Belapur, Navi Mumbai – 400 614.Page 17 of 18https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.32728 of 2025 G.K.ILANTHIRAIYAN. J,rtsOrder inW.P.No.32728 of 2025and W.M.P.Nos.36636, 36640& 36644 of 202524.09.2025Page 18 of 18https://www.mhc.tn.gov.in/judis