SOUMEN SEN, J. - (1.) SINCE common questions of law and facts are involved in both the writ petitions, the hearing of the writ petitions, by consent of the parties, are taken up together and disposed of by this common judgment and order.
(2.) THE petitioners, in both the writ petitions, are holding Continuous Discharge Certificate (hereinafter referred to as CDC) in different ratings from Mercantile Marine Department, Kolkata. The petitioners, before obtaining CDC, have undergone pre -sea course for various ratings for the purpose of rostering them in the roster of the Administration. They are in possession of requisite certificates issued in their favour. On 16th July, 2004, the Director of Shipping Services, Port Blair issued an advertisement seeking applications from eligible candidates possessing CDC with standard of training certificate in order to prepare a panel of crew members on board on MS vessel of the directorate in operation in foreshore sector on contract basis (out of roster) for short term and purely on temporary basis as and when require in respect of the following ratings namely; 1. Seacunny/Helmsman (should possess valid Watch Keeping Certificate) 2. General Purpose (Dech and Engine) 3. Saloon (Cook) 4. Deck Utility Hand
(3.) THE advertisement specifically mentions that the selected candidates shall have no right or claim for registration and / or enrolment of their names in the foreshore company roster of the administration. They would be further required to execute an agreement with the directorate before they would be actually engaged on short term basis subject to their eligibility for the respective rating in the form as placed in the DSS notice board. The petitioners duly participated in the said selection process and were found to be eligible. At the relevant point of time, the respondent was having 12 vessels. At that point of time 72 candidates from the marine department were borrowed by the Directorate of Shipping Services for their employment in the foreshore sector. After completion of the interview, the respondent authority prepared two lists namely: One selected merit list and another selected panel list. The respondent authorities in terms of the selected list under different ratings have given appointment for the 12 vessels at rate of 8 crews per vessel by maintaining 140 % ratio. According to the petitioners, the respondents were supposed to give appointment of 144 crew men which includes 72 who have been brought from marine department. These 144 posts, in the 12 vessels are required to be filled -up from all the ratings mentioned above.;