STATEMENTS OF FACTS OR CAUSE OF ACTION TO PLEAD A WRIT PETITION

1. 
   In 1963 on  Bangladesh Marine Academy (Hereafter called BMA) was
   established at Anowara, Chittagong for training the cadets to build up
   international standard Merchant Marine Officers. The intake level was HSC pass
   in science department and training was for 2 years.
2. 
   In 1990 first time the training has been upgraded into two years Bachelor
   of Science                                   ( Nautical/Engineering) degree
   under Chittagong University.
3. 
   In 2003  the Bachelor degree course extended into three years, comprising
   2 years theoretical education and training in BMA and one year practical
   training on board the ship. The name of the certificate was Bachelor of Maritime
   Science(BMS) under National University.
4. 
   In 1993 BMA achieved the branch status of the World Maritime University,
   which is the apex body of maritime education in the world controlled by
   International Maritime Organisation.
5. 
    With the development of the Maritime education in the world and also due
   to acute crisis of the trained merchant marine officers and engineers including
   specialist in the world, the Government Planned to upgrade the institute into
   University
6. 
   For establishing the Maritime University the initial initiative and work
   was done by Ministry of Shipping and BMA. On 26.10.10 the initial
   inter-ministerial meeting was held at MOS,under the presidency of Secretary,MOS.
   On the decision of that meeting two committee was formed, one was headed by
   Secretary , MOS and members from MOL,NU,MOS,MOE,MOPA,MOP,MOF,UGC,CUET, and BMA
   to visit the site for Maritime University and another committee was headed by
   Joint Chief of MOS, comprising members of MOE,UGC,MOF,MOL,MOS and BMA to prepare
   a draft act for the proposed maritime university.
7. 
   On 18.11.10 the committee visited BMA for selection of land for
   university and found that 35 acres land out of 100 acres land of BMA could be
   proposed site for University.
8. 
   On 23.01.10 second inter-ministerial meeting was held at MOS, under the
   presidency of Secretary MOS. The major discussion was whether the BMA will be
   upgraded into University or a separate university will be formed. The meeting
   was ended up with two decision : First is the BMA will continue as  earlier,
   initially university will start his activities in any suitable building of BMA
   and in-course of time after infrastructure development the university will be
   shifted to his own area. The second decision is a committee formed to prepare a
   draft act headed by Joint Secretary,(Admin) MOS and members of BMA,UGC,MOE, and
   the legislative and parliament division.
9. 
   On 26.02.11 the Hon’ble Prime Minister Sheikh Hasina visited the BMA and
   inaugurated the “Bangabandhu Sheikh Mujib Maritime University”(hereafter called
   BSMMU) plaque.
10. 
    The draft preparation committee attended meeting on 16.03.11, 23.03.11,
    03.04.11, 10.04.11, 17.04.11, and 27.04.11.  The committee members were :
11. 
    Mr. Alauddin                  Joint Secretary(Admin),
    MOS                         Chairmen
12. 
    Mr Ranjit Kumar Sen    Deputy Secretary,
    MOE                                     Member
13. 
    Mr Ferdaus Jaman        Deputy Secdreatry,UGC
    Member
14. 
    Mr Md Shafayet Hossain Senior Ass Secretry, L & P
    Div                      Member
15. 
    Dr.Sajid Hossain              Commandant,BMA
    Member
16. 
    Mr Alauddin Fakir           Deputy Secretary,MOS
    Co-opted Member
17. 
    Mr. A.S.M.Mamunur Rahman Khalili, DS,MOS
    Co-opted member
18. 
    Mr. Khaled Mahmud      Senior Educaion Officer,BMA
    Co-opted member
19. 
    On 29.05.11 the draft act of BMSSU was distributed to all concerned
    ministries and maritime experts for vetting and their comments.
20. 
    On 07.06.11 for discussion on the draft act a meeting was held at MOS and
    which was presided over by Secretary,MOS Mr Abdul Mannan Howladar.  On that
    meeting all concerned were given time for written opinion on the draft act
    within 20.06.2011.
21. 
    On 17.06.11 for correction and revision of the draft act a meeting was
    held under the presidency of Secretary,MOS. There were some written opinion from
    various stake holders, which had been discussed in the meeting. The major issues
    were as follows :
22. 
    The name should be Bangabandhu Sheikh Mujibur Rahman Maritime University
23. 
    Treasurer post to be created
24. 
    Marine Fisheries institute and all other Government and private maritime
    institute to be affiliated in the BSMRMU.
25. 
    A member of MOD and Bangladesh Navy to be included in Syndicate member
    
26. 
    The control to be under MOE instead of MOS
27. 
    Vice Chancellor post was found less qualified, to be upgraded, and a
    maritime expert educationalist to be the criteria for VC.
28. 
    Various institute of Bangladesh navy to be affiliated with BSMRMU.
29. 
    Maritime security , maritime strategy, oceanography subject to be
    included.

The decision was given that
Mr. Alauddin, JS,MOS, Dr,Sajid Hossain,Commandant BMA and Mr Ferdaus
Jaman,Deputy Secretary, UGC will make necessary amendments of draft act.

4. 
   On 12.10.11 a meeting was held after necessary amendments proposed by the
   members. Some more observations was there and same also decided to be amended.
5. 
   On 06.02.12 a ministerial meeting was held where the draft act approved
   provisionally and for final bill submission to the parliament the ministry of
   education will follow the procedure.
6. 
   On 18.09.13 the parliament send the draft act to the Parliamentary
   committee of MOE for vetting, the committee attended a meeting on 08.10.03 and
   adopted some corrections.
7. 
   On 27.10.13 the Gazette for Bangabandhu Sheikh Mujibur Rahman Maritime
   University Act published.
8. 
   The Parliamentary Committee of Ministry of Education adopted following
   corrections which are inconsistent with the purpose of establishing the Maritime
   University as well as depriving the eminent maritime scholars from holding the
   post of VC, Pro-VC, Registrar, Dean, Academy and Institute inspector. All the
   post was blocked for some specific post of Bangladesh Navy.

9. 
   Bangabandhu Sheikh Mujibur Rahman Science and Technology University 2001
   section 10 , Sylhet Agriculture University and Bangabandhu Sheikh Mujibur Rahman
   Medical University 1998 , section 12  shows that all three different technical
   university’s Vice Chancellor post qualification is a professional professor on
   that relevant technical field.
10. 
     The name, introduction, objectives of the act described that the
    university will be specialist university in Maritime field. There is a wide
    confusion among general people between the word MARINE  and  MARITIME.

 ‘Marine’ has to do with the
ocean, like marine biology, marine weather patterns, etc. ‘Maritime’ has to do
with shipping and navigation on the sea, like maritime laws and regulations, and
maritime exploration, or with areas bordering on the sea like ‘maritime
provinces’.

21.
EU
Strategy for Marine and Maritime Research:

European Commission – MEMO/08/553   03/09/2008

What is the
distinction between Marine research and Maritime research?

Marine research
addresses a branch of earth science that studies the oceans and seas including
their flora and fauna as well as their interaction with coastal territories and
with the atmosphere. It covers a wide spectrum of scientific knowledge and
phenomena such as marine organisms, ecosystems dynamics, ocean currents, plate
tectonics and geology. These diverse topics involve multiple disciplines to
understand the underlying processes and the complexity of their interaction.
Nowadays, one of the major concerns of marine research is the preservation of
marine ecosystems.

Maritime research aims
at technologies and innovative solutions for a better exploitation of sea and
ocean resources such as the design, building and operation of vessels, harbours,
oil platforms and more widely any kind of human related activity centred around
sea and ocean resources (e.g. tourism).

2. 
   Meaning of word “MARITIME” in various international recogniosed
   dictionary :

The American Heritage®
Dictionary of the English Language

1. Of, relating to, or adjacent
to the sea.

2. Of or relating to marine
shipping or navigation. See Synonyms at nautical.

3. Of or resembling a mariner.

[Latin maritimus, from mare,
mari-, sea; see mori- in Indo-European roots.]

Collins English
Dictionary

1. (Transport / Nautical Terms)
of or relating to navigation, shipping, etc.; seafaring

2. (Earth Sciences / Physical
Geography) of, relating to, near, or living near the sea

3. (Earth Sciences / Physical
Geography) (of a climate) having small temperature differences between summer
and winter; equable

Random House Kernerman Webster’s
College Dictionary

1. pertaining to navigation or shipping
on the sea.

2. of or pertaining to the sea:
maritime weather.

3. bordering on the sea: a
maritime state.

4. living near or in the sea:
maritime plants.

5. characteristic of sailors;
nautical.

Based on WordNet 3.0

1.            maritime –
relating to or involving ships or shipping or navigation or seamenmaritime –
relating to or involving ships or shipping or navigation or seamen; “nautical
charts”; “maritime law”; “marine insurance”

nautical, marine

2.            maritime –
bordering on or living or characteristic of those near the seamaritime –
bordering on or living or characteristic of those near the sea; “a maritime
province”; “maritime farmers”; “maritime cultures”

coastal – located on or near or
bordering on a coast; “coastal marshes”; “coastal waters”; “the Atlantic coastal
plain”

Collins Thesaurus of the
English Language

1. nautical, marine, naval,
sea, oceanic, seafaring the largest maritime museum of its kind

2. coastal, seaside, littoral
The country has a temperate, maritime climate.

 Kernerman English
Multilingual Dictionary

1. of the sea, shipping etc.
maritime law.

2. lying near the sea, and
therefore having a navy, merchant shipping etc. a maritime nation.

3. 
   The higher studies on Marine Science is available in various public
   universities of Bangladesh. But the Maritime univeristy obsjectives was to
   create the opportunities for higher studies in Maritime sector, which is
   directly related with international shipping in line with international maritime
   education standard. IMO(International Maritime Organisation) and WMU(World
   Maritime University) is the main organ for standard maritime education in the
   world.
4. 
   The present qualification for VC, Pro-VC, Treasurer, Registerar, Dean,
   Academy & Institute inspector is not related with maritime, ie sea and shipping
   field. They are not even subject to all international conventions applicable for
   Maritime and shipping field. For example in SOLAS, MARPOL, STCW,MLC etc
   conventions it is clearly mentioned that , all those conventions will not be
   applicable for  Naval ships. As such they are not related with those conventions
   which are the prime study and research area for Maritime University.
5. 
   The neighbouring country India, established Maritime University on 2008
   and the similar part of their Act is as follows : For Chancellor ( in our
   country equivalent VC) the schedule section 1 criteria is eminence in the field
   of Academic, Maritime, Public Administration, or the public life of the country.
   For Vice-Chancellor (in our country Pro-VC) schedule section 2 experience in the
   field of human resource management, maritime, public administration, marine or
   port administration.Section 7 Dean among the professors  in the school.
6. 
   The qualification of VC, Pro-VC, Treasurer, Registerar, Dean, Inspector
   in the present act simply on the basis of post which not even had any
   educational qualification requirement.
7. 
    With the present qualification of the above post the objective and
   purpose of the Act will not be fulfilled.