IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 27406 of 2010(A) --------------------------------------- PETITIONER(S): ----------------------- 1. K. RAJMOHANAN, "SEA BREEZE", PAMPADY WEST (P.O.), THRISSUR DISTRICT. 2. E.P. RAVINDRAN, CHITHIRA, PULLUT (P.O.), KODUNGALLUR, THRISSUR DISTRICT. 3. K.A. SALIM, M/S.AHMED SHIPPING AGENCIES, P.O.BOX NO.8618, DUBAI, U.A.E. 4. LENUS CASPER, M/S.AHMED SHIPPING AGENCIES, P.O.BOX NO.8618, DUBAI, U.A.E. 5. K.B. UNNIKRISHNAN, M/S.INCHCAPE SHIPPING SERVICES, P.O.BOX NO.33166, DUBAI, U.A.E. BY ADV. SRI.ELVIN PETER P.J., SMT.POOJA SURENDRAN. RESPONDENT(S): -------------------------- 1. UNION OF INDIA-REPRESENTED BY ITS SECRETARY, MINISTRY OF SHIPPING, ROAD TRANSPORT & HIGHWAYS, NO.1, PARLIAMENT STREET, NEW DELHI-110 001. 2. THE DIRECTOR GENERAL OF SHIPPING, JAHAS BHAWAN, W.H.MARG, MUMBAI- 400 001. R1 BY ADV. MR.T.P.M. IBRAHIM KHAN, ASST. S.G. OF INDIA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 27406/2010-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE OF COMPETENCY AS MASTER OF A FOREIGN GOING SHIP ISSUED TO THE 1ST PETITIONER. EXT.P2: COPY OF THE CERTIFICATE OF COMPETENCY AS MASTER OF A FOREIGN GOING SHIP ISSUED TO THE 2ND PETITIONER. EXT.P3: COPY OF THE CERTIFICATE OF COMPETENCY AS MASTER OF A FOREIGN GOING SHIP ISSUED TO THE 3RD PETITIONER. EXT.P4: COPY OF THE CERTIFICATE OF COMPETENCY AS MASTER OF A FOREIGN GOING SHIP ISSUED TO THE 4TH PETITIONER. EXT.P5: COPY OF THE CERTIFICATE OF COMPETENCY AS MASTER OF A FOREIGN GOING SHIP ISSUED TO THE 5TH PETITIONER. EXT.P6: COPY OF THE REVALIDATION COURSE CERTIFICATE ISSUED TO THE 1ST PETITIONER. EXT.P7: COPY OF THE REVALIDATION COURSE CERTIFICATE ISSUED TO THE 2ND PETITIONER. EXT.P8: COPY OF THE REVALIDATION COURSE CERTIFICATE ISSUED TO THE 3RD PETITIONER. EXT.P9: COPY OF THE REVALIDATION COURSE CERTIFICATE ISSUED TO THE 4TH PETITIONER. EXT.P10: COPY OF THE REVALIDATION COURSE CERTIFICATE ISSUED TO THE 5TH PETITIONER. EXT.P11: COPY OF THE RECEIPT DATED 02/07/2010 ISSUED TO THE 2ND PETITIONER BY THE 2ND RESPONDENT. EXT.P12: COPY OF THE RECEIPT ISSUED TO THE 4TH PETITIONER BY THE 2ND RESPONDENT. EXT.P13: COPY OF THE INTERIM ORDER DATED 29/07/2009 IN WP(C) NO. 5828/2008 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 27406 of 2010 A ``````````````````````````````````````````````````````` Dated this the 4th day of November, 2010 J U D G M E N T Petitioners were originally issued Skipper Grade II certificates. Following the STCW 78/95 and the issuance of MS notice 10/03, petitioners submitted their applications to the second respondent for obtaining Masters Certificates (Restricted). Accordingly, they underwent the course and on passing the examination they were issued Exts.P1 to P5 certificates. 2. It is stated that on expiry of Exts.P1 to P5, they have undergone revalidation course as is seen from Exts.P6 to P10. It is stated that thereafter they were not issued certificates apparently on account of the pendency of W.P.(C) No.5828/2008 filed by the Association representing the petitioners and certain certificate holders challenging the restrictions imposed by the second respondent in the certificate issued. W.P.(C) No.27406/10 : 2 : 3. This Court by judgment dated 01-11-2010 dismissed W.P.(C) No.5828/2008. Therefore, in view of the judgment dated 01-11-2010, if the petitioners have passed the examination pursuant to the revalidation course undergone by them, they are entitled to be issued certificates. In that view of the above, writ petition is disposed of directing the second respondent to issue to the petitioners revalidation certificates, if the petitioners are otherwise eligible for the same. (ANTONY DOMINIC, JUDGE) aks