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Source: Chennai Online
The Madras High Court has held that Director General of Shipping (DGS) was not empowered to grant recognition to maritime institutions/colleges, approve courses and permit additional intake among other things.
'The DGS is not a creature of any statute specifically empowered to do so. Therefore the contention that the DGS is a regulatory body for the entire maritime education can not be countenanced', Justice S Manikumar held and quashed notices of April 22 and May 29 by the DGS restricting powers of the Indian Maritime University(IMU), here, and constituting a monitoring and implementation committee (MIC).
'This court is of the view that the impugned notices which are in the form of executive instructions purported to be issued in exercise of statutory provisions of Merchant Shipping (MS) Act can not over-ride the statutory provisions of the IMU Act', the Judge said.
He said institutions like the All India Council for Technical Education and Medical Council of India created under respective enactments were specifically empowered to grant recognition to maritime institutes/colleges, approve courses etc and allowed the writ petitions to quash the notices.
The petitioners--Maritime Institutes Association and International Maritime Academy-- contended that DGS was a subordinate officer under the Union Secretary (Shipping) whereas the Vice Chancellor of IMU was an independent authority and therefore the DGS can not usurp the IMU's powers. - Agencies
'The DGS is not a creature of any statute specifically empowered to do so. Therefore the contention that the DGS is a regulatory body for the entire maritime education can not be countenanced', Justice S Manikumar held and quashed notices of April 22 and May 29 by the DGS restricting powers of the Indian Maritime University(IMU), here, and constituting a monitoring and implementation committee (MIC).
'This court is of the view that the impugned notices which are in the form of executive instructions purported to be issued in exercise of statutory provisions of Merchant Shipping (MS) Act can not over-ride the statutory provisions of the IMU Act', the Judge said.
He said institutions like the All India Council for Technical Education and Medical Council of India created under respective enactments were specifically empowered to grant recognition to maritime institutes/colleges, approve courses etc and allowed the writ petitions to quash the notices.
The petitioners--Maritime Institutes Association and International Maritime Academy-- contended that DGS was a subordinate officer under the Union Secretary (Shipping) whereas the Vice Chancellor of IMU was an independent authority and therefore the DGS can not usurp the IMU's powers. - Agencies
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