The Delhi High Court has asked the Centre to have a relook on amendments made in the Aircraft Rules which 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 A K Sikri and Justice Rajiv Sahai Endlaw said.
The court's decision came on the petition of V A Joshi and other retired pilots, who had airline transport pilot licences (ATPL), of Indian Air Force challenging the amendments made in the Aircraft Rules, 1937.
The amendments in the Act barred
pilots, who have attained the age of 65 years or more, from flying private
aircrafts for non-commercial purposes.
Justice Sikri, writing the judgement
for the bench, said though, the court will not strike down the amendment, but
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 therefrom. 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 years
to fly a non- commercial aircraft.
"The matter is not examined
from this angle at all. No doubt, 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. (More) PTI SJK ZMN
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