The petitioner has approached this Court aggrieved by the non issuance of Boat Master's licence. The petitioner secured probationary Boat Master's licence on 6.5.2009. Thereafter petitioner appeared for the Boat Master's licence in January, 2011. The petitioner has passed the test plus interview. According to the petitioner, she is eligible for Boat Master's licence as she has completed two years experience based on probationary Boat Master's licence. The official respondent refused to issue Boat Master's licence. According to the official respondent, by virtue of Rule 36 (5) and (6) of the Kerala Inland Vessels Rules, 2010, the petitioner is not entitled to Boat Master's licence. The above rules brought into effect in the year 2010. It is stated in Rule 6 that notwithstanding anything contained in the above sub rules, the persons holding probationary license for Master or Serang issued, under the Canals and Ferries Acts, prior to the commencement of these rules may appear for the examination within a period of two years from the date of commencement of these rules if they have two years service in an inland vessels and on passing the examination they shall be issued a certificate of competency as serang. By relying on Rule 6 the official respondents submits that the period of two years has to be reckoned from 6.5.2009, the date of issuance of probationary licence. According to the petitioner, the only prescription of Rule 6 is that a person may appear for the examination within the period of two years from the date of commencement of the Rules and if she qualifies she is entitled for the Boat Master's licence.
2. On reading of Rule 6 it is clearly indicates that if any person who possessed of probationary licence appear for examination within two years of the Rules is entitled for Boat Master's licence. The petitioner has appeared for the examination and also for the interview. The petitioner has passed the examination. The petitioner has also taken part of the examination within two years as mentioned in Rule 6. Nowhere in the rules it prefix that the petitioner should have a two years experience after the probationary licence for the purpose of qualifying to obtain Boat Master's licence. The two conditions prescribed under Rule 6 is only that persons must be holder of probationary licence before the commencement of Rules and the persons must take part of the examination within two years of the Rules. If both conditions are satisfied they are entitled for the Boat Master's licence. In view of the above the petitioner is entitled for the Boat Master's licence. In the circumstances, the date shown that the qualification of the petitioner as on the date of 27.8.2011 has to be re-dated to show that the petitioner is qualified as on the date on which she took part in the examination. Therefore, there shall be a direction to the 3rd respondent to re-date Ext.P3 showing the actual date of qualification as on the date on which the petitioner has taken part of the examination. The re-dated Ext.P3 shall be issued to the petitioner within ten days from the date of receipt of a copy of this judgment. The dead line to produce the certificate to the Public Service Commission is extended by three weeks.
This writ petition is disposed of as above.
A.MUHAMED MUSTAQUE, (Judge)
Kvs/-