Last Updated on August 12, 2024 by NewsDesk SLC
In a recent judgement that highlights the role of professional supervision in aviation, the Delhi High Court has backed the DGCA’s right to categorize aircraft and determine the requirements for pilot training. This decision, which involved a candidate suing the national aviation administration for reversing the classification of a training aircraft, demonstrates how the court aids the industry in maintaining safety.
Justice Sanjeev Narula, who heard the matter, dismissed a plea filed by the Government Aviation Training Institute (GATI) and prospective pilots. The petitioners challenged a DGCA notification that sought to downgrade Pipistrel VIRUS SW 121 Aircraft from ‘Normal’ category to ‘Light Sport Aircraft’ under a ‘Restricted Airworthiness Standard’, which might affect commercial pilot training.
The crux of the case involved the question of whether the DGCA had the authority to make such categorizations. The court further held that in view of the provisions of the Aircraft Act, 1934 and Aircraft Rules, 1937 the DGCA, being the expert authority, can categorize the aircraft both on safety and regulatory aspects.
The ruling emphasized the following key points:
- The DGCA derives its powers from Section 5A of the Aircraft Act and Rules 29C and 50 of the Aircraft Rules that gives it the power to give directions on safety related issues.
- The DGCA in this case can review and change its classifications of aircrafts based on new safety requirements or innovations.
- When addressing concerns associated with expert bodies, such as those dealing with aviation, the dynamics of Article 226 are somewhat different.
- Intervention by the judiciary is only called for in situations where power is used arbitrarily and in a manner that is outside the provisions of the aviation safety regulations.
Justice Narula once again pointed out that question of eligibility for the Commercial Pilot’s License is one of public importance and it was not for the court to decide but for the DGCA, an expert authority.
This ruling supports the regulation authority of the DGCA and sheds light on the judiciary work on technical aspects in specialized sphere. Thus, demonstrating a proper approach to the distribution of the regulatory authority, the Delhi High Court has highlighted an important and proper concern of balancing the regulatory powers with the ultimate issue of public safety in aviation.
Case Law: Himanshu and Ors vs. Directorate General of Civil Aviation & Anr (W.P.(C) 3432/2024)
Written By: Amit Kumar Patra
