Appeal for justice (IV)/MTI 402017, Application no: 100490

lr I ffi qr(f, (r(fiR/ covERNMENT OF tNDtA G2@ dffi* qtr{, frf, qRqET o?R qiTqr,f ,iTtw qJE3rD^ MINISTRY OF PORTS, SHIPPING AND WAfTEfRWiAYS .ftg7ar ir+6T TflF{AQTrfrq, crtnct ffimtr crutr DIRECTORATE GENERAL OF SHIPPING, MUMBAI File No.2O- 121 1 /2O2O-TRG-DGS Dated: 22.LL.2023 DGS ORDER NO. 15 of 2023 Subject: Appea-l for justice (lV)/MTI 402017. Application no: 100490-ree. 1. Whereas, Sri Chakra Maritime College (SCMC) (MTI No.402O17) located at R.R. Green Field, No:10, Tower Road, Moratandi, Pattanur-Vill, Vanur-Taluk, Auroville, District:Villupuram, Tamil Nadu-605 101 is Directorate General of Shipping (hereinafter referred as DGS)- approved Maritime Training Institute (hereinafter referred as 'MTI') for conducting the DGS approved Maritime Courses. SCMC is run by Sri Chakra Charitable Trust, represented by its Director Shri K.V.R. Srinivas. 2. Whereas, the Petitioner, represented by its Director Shri K.V.R. Srinivas, GF-02, No.2, Nagalingam Street, Sivagami Nagar, Gowrivakkam, Chennai-600073 filed a W.P, No. 17657 of 2023 in the Hon'ble High Court of Judicature at Madras against thd Secretary, Ministry of Ports, Shipping and Waterways, New Delhi as 1"t Respondent and the Director General of Shipping, Mumbai as the 2"a Respondent. The Honble High Court in its judgement Order dated 1.5.06.2023 in W.P. No. 17657 of 2023 directed to the first respondent at Para 6 as below; "6. Constd.eing the timited request made bg the learned counsel for the petitioner, this Court, without going into the mertts of the matter, directs the first respondent to consider the petitioner's representation dated 14.04.2023 and pass appropiate orders, on merits and in accordance with law within a pertod of tuelue weeks from the date of receipt of a copy of this order". 3. Whereas, the Director General of Shipping is an attached office of the Ministry of Ports, Shipping and Waterways, New Delhi and dea-ls with all matters concerning the Maritime Administration, Maritime Education and Training, development of Shipping Industry and other related subjects. It has the responsibility and authority to ensure that training, examination, assessment and certification of seafarers ?re conducted in accordance with the STCW Convention and the M.S. (STCW) Rules, 2014. The DGS in order to ensure that all training and assessment of seafarers for certification is administered, supervised and monitored in accordance with the STCW Convention and its Code, and STCW rules framed under Merchant Shipping Act, 1958, approves the Maritime Training Institutes, training programmes & issues various guidelines, training circulars, orders, Merchant Shipping Notices from time to time, so as to monitor & regulate such Institute as per the above legislations. Accordingly, the Respondent (2) i.e. the Director General of Shipping, Mumbai has examined the representation made Wr Page 1 of6 efr riHm, +a PqR*r, oTr{ Pia, 2dT fu{, a.i$( .fiq ts, 6igr{r,f (T{) gqt- 4ooo4z 9th Floor, BETA Building, l-Think Techno Campus, Kanjur Village Road, Kanjurmarg (E), Mumbai410042 mttfret No.: +91-22-25752040111?l3 ftffi/rrr., +91-22-2575202gt35 {-tOlemait: dgship-dgs@nic.in tSfl-{aArVebsite: www.dgshipping.gov.inby petitioner dated 14.O4.2023 under the light of the order of the Hon'ble High Court of Madras in W.P. No. 17657 of 2023 dated 15.06.2023. 4. Whereas, the SCMC in their representation dated L4.O4.2O23 interaiia submitted as below:- 4.7. "We request gour good oJfice the conduct a probe on the entire affairs of additionaLl intake inspedions and other related matters with a competent inuestigating Agencg and take necessary action against the people who are inuolued. Sir, please go through all the facts attached and consider our application for add.itional intake of Students and take necessary action agatnst those responsible for tarnbhing the good name for the Shipping Industry". 5. Whereas, DGS issued approval letter vide F. No. 3-TR(23)|2OO2-GPl600 dated L3.O7.2O17 to SCMC for Training for General Purpose Ratings (GP Rating), from 40 candidates to B0 candidates per batch with two batches in a year (Annual intake should not exceed 160 students per year). 6. Whereas, the approval was given subject to following conditions (1) The institute will submit sponsorship letter for individual trainees within 30 days of the commencement of the batch. (2) The institute will make a presentation within 30 days outlining its vision, strategr to improve quality of training. (3) Approvai is initially for a period of 12 months and will be subject to the fulfilment of the above two conditions. Whereas the approval was also subject to the terms and conditions mentioned in the above referred approval order. 7. whereas, a consolidated Approval No.:TR/A/ 83l2ot9 vide File No. 3- TR(23)/2002-STSDSDI64 dated O4.O9.2O19 was issued to SCMC covering the 06 courses including "Pre-sea Training for General Purpose Ratings course" for 40 candidates in a batch with 04 batches in a year (two batches in January and two batches in July i.e. total 160 candidate in a year). Special instruction was given in the consolidated Approval letter to SCMC mentioning as "The aaliditg of approuat shatt be subJect to aalldltg of the land.lease dgreement". Whereas the approval was alsb subject to the terms and conditions mentioned in the above referred approval order. 8. Whereas, the SCMC has applied online application no. 100490 for additional batch of Training for General Purpose Ratings course (GPR) on 16.05.2022. After initial scrutiny at the Directorate and on submission of the deficient documents by the SCMC, the online application was forwarded to Principa-l Officer [PO], Mercantile Marine Department [MMD], Chennai on 08.06.2O22 for inspection and their recommendations. 9. Whereas, SCMC inspection towards GPR enhancement was carried out on 26- 27f" July,2022 by Shri Satish Kamath, Engineer & Ship Surveyor and Capt. Tapesh Page 2 of 6 \*-Ghosh, Nautical Surveyor. Their observations during inspection were communicated to the SCMC with direction to submit compliance report in that regard at the earliest. Further, MMD, Chennai sent query back to the SCMC to submit compliance report and video recording of all the practicals conducted within 15 days. The details of Comprehensive Inspection Programme (CIP) were asked from DNV-GL (Recognized Organization) considering the low placement percentage. 10 Whereas, the PO, MMD, Chennai in his recommendations mentioned that; ; 1. "though inspection repofts that the institute has necessary infrastructure for conduct of additional batch, the CIP grading of the institute is C-2 due to poor placement record. For the year 2018 the placement was 630/o, for the year 2019 the placement was 680/o and for the year 2020 the placement was 51o/o. So the auerage placement for the past three Aears is around 60 percentage only. 2. In uiew of poor placement record, opproual for anA additional capacitg for the GP rating course, is not recommended at this stage. 3. Further, whether to retain existing batch strength may be decided by the DGS subject to compliance with DGS Circular No. 18 of 2020. Accordingly, it is recommended that DGS mag reject the request for additional batch and direct the institute to comply utith DGS ciratlar 18 of 2020 and adjust the intake capacity of forihcoming batches based on the placement record of preceding 72 months". 11. Whereas, the Directorate further examined the matter and found that the PO, MMD, Chennai carried out inspection and asked DNV-GL to review the CIP grading w.r.t. Ship Board Training. DNV-GL accordingly revised the grading of SCMC from A-1 lo B-2 for overall grading and placement records have been graded as C-2. This particular aspect is not found mentioned in the letter sent by SCMC. It is to mention that as per Training Circular No. 01 of 2077 dated 13.01.2077 "institute falling under the category B-2, C-1 & C-2 sha1l not be entitled to apply for new pre-sea courses or enhancement of seats till they improve their grading to B-l I A-2 or A- 1". ' 12. Whereas, the PO, MMD, Chennai recommended for rejection of the online application of this SCMC and the sarne has been accepted by the DGS in view of the Training Circular No. Ol of 2O17 dated 13.01.2017. Accordingly, the online application of the SCMC for additional batch of training for General Purpose Ratings course (GPR) was rejected on 09.01 .2023 by the DG Shipping. 13. Whereas, further, the data on Ship Board Placement of Sri Chakra Maritime College [SCMC] for GP Rating for last 5 years has been taken from E-Gov. branch of DG Shipping and the sarne is as belowi qr. "/ft pase 3 o16Year Session Admission Placement 20t8 Jan-Jun 7B 54 Jul- Dec 79 47 2019 Jan-Jun 66 54 Jul- Dec 76 52 2020 Jan-Jun 57 36 Jul- Dec NIL NIL 2021 Jan-Jun 75 32 Jul- Dec 77 44 2022 Jan-Jun 44 t2 Jul- Dec 80 2 14. Whereas, the SCMC has claimed that their Trust has their own RPS company named KSM Navigation Private Limited RPSL/CHN lO48 for providing Ship Board Training to the candidates. However, it is found that this RPS could provide recruitment to only 45 seafarers from January 2OL9 to 15tr March, 2023. 15. Whereas, the SCMC has alleged that the Directorate has approved additional batch of GP Rating course to Behara Institute of Maritime Training [MTI No. 414038]. which is having Grade B- 1. The DG(S) has approved additional batch of GP Rating for Behara with a condition that "We maA approue only prouisionallg for six months subject to the institute improuing placement of earlier passed out batches during this period".lt is found that Behara Institute of Maritime Training has again undergone Comprehensive Inspection Programme (CIP) inspection on 13th - 14m October, 2022 and has been graded as A-2. 16. Whereas, the Directorate had received complaint filed by Shri Chakra Maritime College in the office Central Vigilance Commission, New Delhi vide email 27.O3.2023. The same forwarded to PO, MMD, Chennai to examine the complaint vide DGS letter dated 17.O4.2023. 17. Whereas on examining the matter MMD, Chennai vide letter dated O4.O5.2O23 submitted that (1) The main grievance emanates from the said complaint is the rejection of online application No. 100490 made by the SCMC towards enhancement of intake for GP rating course. (2)The issues mentioned in the complaint were exarnined to verify its authenticity from Page 4 of 6 x,the records. Also, comments of the oflicers named in the complaint were sought, the officers named in the complaint totally deny such false allegations. None of the allegations are supported by the direct or indirect evidences. The records available in e- Governance portal and the reply given by the officers confirm that the complainant has made baseless allegations against the oflicers of the department with ulterior motives. Hence the said complaint should be rejected in absence of any supporting evidences. (3) The institute has not raised any objections about the inspections by MMD or made complaints about the officers of MMD Chennai before the PO, MMD, Chennai till date. (4) A Selective comparison with the approvals granted to the other institutes by the complainant is totally misplaced since the nature of request made by the institute, existing intake capacity, CIP grading, performance of the institute and placement records vary substantially. The complainant has not denied the fact about its poor placement record for the past three years which is directly related to the approval of any additional batches. (5) It is submitted that the process of approval of training institute follows the structure guidelines framed by the DGS. The online system ensures transparency of actions taken at each level and visible to other parties. In the particular case, it is evident that the complainant Sri Chakra Maritime was not meeting the requirements of shipboard training for the passed out candidates and the minimum grading required for grant of approval for additional batches. Hence, the application was rejected. It is an attempt to avoid compliance with DGS Training Circular No. 18 of 2O2O and to continue with the existing approved intake despite poor placement record. 18. Whereas, it is stated that the Petitioner has obtained the approval for conducting maritime courses from the Director General of Shipping based on an undertaking that all the requirements stipulated by the DGS will be complied with for conducting these courses and Sri Chakra Maritime College has failed to provide Ship Board Training, accordingly placement records have been graded as C-2 and not complied with the applicable and governing laws and DGS guidelines, orders and circulars. 19. Whereas, the SCMC has filed a W.P. No. 17657 of 2023 in the Honble High Court of Judicature at Madras against the Secretary, Ministry of PSW, New Delhi and the Director General of Shipping, Mumbai wherein the Hon'ble High Court in its judgement Order dated 15.06.2023 directed the first respondent to consider the petitioner's representation dated 14.04.2023 and pass appropiote orders, on merits and in accordance with law uithin a peiod of twelue weeks from the date of receipt of a copg of this order. 20. In view of the facts and circumstances explained herein above, the Directorate General of Shipping taking cognizance of the fact that Sri Chakra Maritime College, Pattanur Village has been approved to conduct the DGS approved Maritime Courses 6.s per the guidelines issued by the DGS from time to time under Merchant Shipping Act 1958. While giving the consolidated approval to the SCMC, special instruction, terms and conditions were mentioned from time to time. The altegations made by SCMC are Page 5 016 W-baseless and false, with distorted facts and does not have any substance. The online application of the SCMC was processed properly and after getting the details verified and corrected by the Recognized Organizatron [RO], the PO, MMD, Chennai proposed for the rejection of the online application. It was clearly evident that the SCMC was not meeting the requirements of shipboard training for the passed out candidates and the minimum grading required for grant of approval for additional batches. Hence, the online application of SCMC was rejected by DG Shipping as per the recommendation of PO, MMD, Chennai. It is expected that the Sri Chakra Maritime College has to improve grading by providing appropriate ship board training to the passed out candidates as per DGS Circular No. 18 of 2O2O dated 24.O4.2020. Therefore, the representation dated I4.O4.2O23 of M/s. Sri Chakra Maritime College received through email from the Ministry of PSW, Gol, New Delhi cannot be entertained at this stage. (Shyam J^W:^, Director General of Shipping To, Shri K.V.R. Srinivas, Director, Sri Chakra Maritime College, R.R. Green Field, No:10, Tower Road, Moratandi, Pattanur-Vill, Vanur-Taluk, Auroville, District Villupuram, : Tamil Nadu-605 101. Copy to: 1) The Secretary to the Govt. of India, the Ministry of Ports, Shipping and Waterways, GoI, New Delhi. 2) Principal Officer, Mercantile Marine Department, Chennai 3) DDG, E-Governance to display on DGS website. Page 6 of 6