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Reconsider ban on older pilots: HC tells Centre
The Delhi High Court has asked the Centre to have a re-look at amendments made in the Aircraft Rules that bar pilots aged 65 years and above from flying private aircraft for non-commercial purposes.
“In these circumstances, we remit the matter back to the respondents (Centre and Director General of Civil Aviation) and for proper and thorough examination of the issue and take an informed decision,” a bench of Acting Chief Justice AK Sikri and Justice Rajiv Sahai Endlaw said.
The court’s decision came on the petition of VA Joshi and other retired pilots. The airline transport pilot licence (ATPL) holders of the Indian Air Force challenged the amendments made in the Aircraft Rules, 1937. Justice Sikri, writing the judgement for the bench, said that though the court will not strike down the amendment, it would keep the petition at “abeyance” which could be revived later.
“The decision (to bar old pilots) has to be based on some cogent material so that the application of mind is discernible there from. The counsel for the petitioner (pilots) also appears to be right in his submission that no empirical study is undertaken on this aspect, namely, it may not be safe to permit a pilot above the age of 65 to fly a non- commercial aircraft. The matter is not examined from this angle at all. No doubt, the Central Government is given power to make rules regulating the grant of licence of a pilot and the privileges which the pilot shall enjoy. At the same time, it has to be based on strong reasons,” it said.
Prior to the amendments, the retired pilots of IAF were permitted to fly private aircraft for non-commercial flight operations, the petition said. The pilots have challenged the Constitutional validity of the amendments, brought about in the Act on January 10 last year, saying the change has “infringed their rights to earn livelihood and remuneration and to be gainfully employed for the purpose of flying private aircraft on non-commercial flight operations.” The pilots said they are experienced pilots holding ATLP licence and have flying experience of more than 10,000 hours each. They have been pilots for the past 35 to 40 years and most of them have retired from Indian Air Force.
The Delhi High Court has asked the Centre to have a re-look at amendments made in the Aircraft Rules that bar pilots aged 65 years and above from flying private aircraft for non-commercial purposes.
“In these circumstances, we remit the matter back to the respondents (Centre and Director General of Civil Aviation) and for proper and thorough examination of the issue and take an informed decision,” a bench of Acting Chief Justice AK Sikri and Justice Rajiv Sahai Endlaw said.
The court’s decision came on the petition of VA Joshi and other retired pilots. The airline transport pilot licence (ATPL) holders of the Indian Air Force challenged the amendments made in the Aircraft Rules, 1937. Justice Sikri, writing the judgement for the bench, said that though the court will not strike down the amendment, it would keep the petition at “abeyance” which could be revived later.
“The decision (to bar old pilots) has to be based on some cogent material so that the application of mind is discernible there from. The counsel for the petitioner (pilots) also appears to be right in his submission that no empirical study is undertaken on this aspect, namely, it may not be safe to permit a pilot above the age of 65 to fly a non- commercial aircraft. The matter is not examined from this angle at all. No doubt, the Central Government is given power to make rules regulating the grant of licence of a pilot and the privileges which the pilot shall enjoy. At the same time, it has to be based on strong reasons,” it said.
Prior to the amendments, the retired pilots of IAF were permitted to fly private aircraft for non-commercial flight operations, the petition said. The pilots have challenged the Constitutional validity of the amendments, brought about in the Act on January 10 last year, saying the change has “infringed their rights to earn livelihood and remuneration and to be gainfully employed for the purpose of flying private aircraft on non-commercial flight operations.” The pilots said they are experienced pilots holding ATLP licence and have flying experience of more than 10,000 hours each. They have been pilots for the past 35 to 40 years and most of them have retired from Indian Air Force.
