http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 14  

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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 14  

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  

\005\005\005\005\005\005

  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.

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 14  

(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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 14  

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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 5 of 14  

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.      \005\005\005\005\005.

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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 6 of 14  

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.        \005\005\005\005\005\005..

       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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 7 of 14  

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.\005\005\005\005\005.

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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 8 of 14  

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.\005\005\005\005

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.    

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 9 of 14  

8\005\005\005\005..

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. \005\005..

11. \005\005.

       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.     

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 10 of 14  

       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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 11 of 14  

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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 12 of 14  

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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 13 of 14  

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.   

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 14 of 14