Writ plea against engaging foreign pilots in India ...
CHENNAI, June 15, 2010
The Madras High Court on Monday directed the Director of Medical Services (Civil Aviation) and the DGCA to file their counter to a writ petition which said the various airlines be forthwith restrained from engaging pilots under the Foreign Aircrew Temporary Authorisation (FATA.)
When the petition came up, the First Bench consisting of Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam said the issue raised by the petitioner was really a serious matter concerning the public because of the recent casualty.
In his affidavit filed on behalf of the petitioner, the Society for Welfare of Indian Pilots, Mumbai, J.S. Krishna of Chennai, a society member, said the writ proceedings were being instituted in public interest with a view to ensuring air passenger safety. This was because various airlines — Jet Airways (India) Ltd. and eight others — cited as respondents, were engaging a substantial number of pilots under FATA who were not required to meet the same minimal flying experience and medical fitness requirements as in the case of Indian pilots.
As per clause 2.2 of Civil Aviation Requirements (CAR), Section 7, Series ‘G' Part II issued by the DGCA on October 8, 1999 as revised on August 8, 2009, the minimum experience requirement for engagement as Pilot in Command (PIC) under FATA is 2,000 hours flying experience as PIC, of which 100 should be on type, that was on the type of aircraft to be flown in India.
On the other hand, airlines in India required an Indian PIC to have a minimum of 5,000 hours of flying experience and a minimum of 1,000 hours as PIC on the type aircraft.
The requirement of low experience on type for pilots compromised air passenger safety.
The petitioner submitted that foreign pilots engaged under FATA did not have the medical checks that Indian Pilots had to undergo. Medical fitness standards for Indian pilots were rigorous. However, pilots engaged under FATA were required to undergo only a simple medical check-up with a local medical practitioner approved by the respective State regulatory authorities.
The discrimination between pilots engaged under FATA and Indian pilots in respect of experience and minimum fitness requirements was ultra vires of Article 14 of the Constitution. The petitioner prayed the court to declare clause 2.2. of CAR regarding minimum experience requirement for engaging as PIC under FATA and in permitting different medical standards for FATA pilots and Indian pilots as ultra vires. The society sought an ad-interim direction to the authorities to ensure that pilots engaged by airlines under FATA were subjected to the same medical tests at the same institutions as their Indian counterparts and were required to have the same medical standards of fitness as the Indian pilots.
The Bench also directed the authorities to seek instructions as to why the interim direction sought be not passed immediately. The matter has been posted for July 5.
The Hindu : Cities / Chennai : Writ plea against engaging foreign pilots