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Source: The Times of India
CHENNAI: The Indian Maritime University (IMU) shall be the final authority to affiliate, approve, regulate and supervise institutes offering maritime courses/studies, the Madras High Court has ruled.
Justice S Manikumar, holding that the director-general of shipping (DGS) cannot usurp the powers of the university, said the IMU Act had superseded all the powers of the DGS with regard to grant of approval of courses, fixing eligibility criteria, grant additional intake of students, conduct inspections of affiliated institutes and monitor them.
The judge was passing orders on the writ petitions filed by the Maritime Institutes Association and the International Maritime Academy, which resented two notices from the DGS, who tried to wield control over them even after the IMU came into existence in November 2008.
Concurring with the submissions, justice Manikumar said institutions such as the AICTE, MCI and DCI are statutory bodies created under the respective enactments, specifically empowering them to grant recognition, approve courses, permit intake, etc. "But the DGS is not a creature of any statute specifically empowered to do so. Therefore, the contentions that the DGS is a regulatory body for the entire maritime education cannot be countenanced," he said.
Pointing out that after the creation of the IMU all maritime institutes were contacted and asked to get themselves affiliated to the IMU, the judge said that under the guise of examining the qualifications of persons desirous of obtaining the certificate of competency, the DGS cannot override the statutory powers of the university.
Justice Manikumar further said that the DGS was a member of the Academic Council, Executive Council and the Planning Board, and added, "it is preposterous to suggest that the DGS...has got the exclusive power and authority to trench upon the functions of statutory authorities."
He then set aside the notices issued by the DGS, holding that they would amount to infringement of rights of the university and would affect the interests of the institutes concerned.
CHENNAI: The Indian Maritime University (IMU) shall be the final authority to affiliate, approve, regulate and supervise institutes offering maritime courses/studies, the Madras High Court has ruled.
Justice S Manikumar, holding that the director-general of shipping (DGS) cannot usurp the powers of the university, said the IMU Act had superseded all the powers of the DGS with regard to grant of approval of courses, fixing eligibility criteria, grant additional intake of students, conduct inspections of affiliated institutes and monitor them.
The judge was passing orders on the writ petitions filed by the Maritime Institutes Association and the International Maritime Academy, which resented two notices from the DGS, who tried to wield control over them even after the IMU came into existence in November 2008.
Concurring with the submissions, justice Manikumar said institutions such as the AICTE, MCI and DCI are statutory bodies created under the respective enactments, specifically empowering them to grant recognition, approve courses, permit intake, etc. "But the DGS is not a creature of any statute specifically empowered to do so. Therefore, the contentions that the DGS is a regulatory body for the entire maritime education cannot be countenanced," he said.
Pointing out that after the creation of the IMU all maritime institutes were contacted and asked to get themselves affiliated to the IMU, the judge said that under the guise of examining the qualifications of persons desirous of obtaining the certificate of competency, the DGS cannot override the statutory powers of the university.
Justice Manikumar further said that the DGS was a member of the Academic Council, Executive Council and the Planning Board, and added, "it is preposterous to suggest that the DGS...has got the exclusive power and authority to trench upon the functions of statutory authorities."
He then set aside the notices issued by the DGS, holding that they would amount to infringement of rights of the university and would affect the interests of the institutes concerned.
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