The Delhi HC in, VEERAVALLI RAJU SOLOMON v. UNION OF INDIA AND ORS stated that the recency requirement of 6 months that is essential for obtaining the Indian Commercial Pilot Licence would not consider the period of March-July period in the wake of the COVID-19 pandemic.
Facts
Petitioner wanted to apply for a pilot license(ICPL). One of the requirements under the Act and Rules is also referred to as ‘recency requirement’. As per this requirement, the flying experience only six months prior to the date of making the application for an ICPL would be taken into consideration towards fulfillment of the pre-requisites of the application. Petitioner’s grievance is that his whole flight experience is not being taken into consideration due to delay caused by the pandemic.
Contention of Petitioner
It was stated that the petitioner took the RTR exam on 2nd March whose results were declared on 6th July due to the delay. RTR was issued on 20th August. DGCA made a guideline that if the date of expiry of the flying experience with respect to the recency requirements falls between 23rd March, to 20th June, the flying experience with respect to the recency requirement will be extended by another 90 days. FRTOL(another requirement of ICPL) was issued to the Petitioner on 24th September. And finally he applied for an ICPL on 30th September, 2020 but there was no reply on the application. It was contended that the period of pandemic (March-July) should not be taken into consideration.
Contention of DGCA
It was contended that there was a misunderstanding by the Petitioner in waiting for the RTR certificate to be issued. He shouldn't have waited to apply for RTR rather should have immediately applied for it. He should also not have waited for FRTOL and would have obtained a FRTOL (Restricted) and undergone the test checks.
Court’s Order
It was stated by the court that the entire reason for the delay in the Petitioner’s application for an ICPL is rooted in the pandemic which led to delay in the declaration of results of the RTR examination. It was stated by the court that the petitioner seemed a genuine candidate and hence asked the respondents to reconsider application for an ICPL as satisfying the ‘recency’ requirement and shall be processed in accordance with law.
Case Details
W.P.(C) 915/2021
Coram- JUSTICE PRATHIBA M. SINGH
Read Judgment @Latestlaws.com
Share this Document :
Picture Source :
