2 of 2000 and 4,5 6 of 2001 and We have heard S Shri Joseph Vellapalli, M.N. Krishnamani and Venkiteswaran, learned Senior companynsel appearing for the parties.
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.
2 of 2000 and 4, 5, 6 of 2001 and Rules are unconstitutional and ultra vires the MS Act and STCW 95 Convention and companysequently illegal, invalid, null and void and of numbereffect whatsoever and 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.
The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 STCW 78 came into force globally.
Being aggrieved by the aforesaid procedure, a writ petition had been filed inter alia praying for the following relief 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.
6700 OF 2002 Raj Kumar Hukku Versus Union of India Ors.
Alternatively, certificate of service holders may retain their certificates and revalidate them at the due date.
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.
India was one of the signatories to the Convention and ratified the Convention on 16.2.1986.
They got released from Indian Navy and are number employed in Merchant Navy.
Briefly stated the facts are as follows The petitioners were serving in Indian Navy as Officers.
WITH CIVIL APPEAL NO.
238 of 2003.
The respondent also issued M.S. Notice Nos.2 of 2000, 4, 5 6 of 2001 in companypliance with Rules 11 and 15 by prescribing the procedure of companytinued employment of CoS holders by obtaining a CoC as amended under STCW 1995.
Following satisfactory assessment and any additional retraining or updating required, certificate of service holders will be issued with equivalent STCW 95 certificates of companypetency as indicated in Appendices 2 and 3.
