HC refuses exemption from re-appearing in tests for commercial

The Delhi High Court today rejected the plea of a man seeking exemption from re-appearing in certain tests for issuance of commercial pilot licence since he was wrongly declared medially unfit six years ago.
"In my view, if the petitioner is aggrieved on account of his having wrongly been declared medically unfit, in the year 2007, he can avail such remedy as is open to him in law in this regard but as far as the statutory requirements are concerned, he must necessarily fulfil them since any exemption from fulfilling those requirements is likely to endanger the lives and safety of those who travel in the aircraft which may be flown by the petitioner," a bench of justice V K Jain said.

"In fact, in the absence of recent knowledge, in terms of requirement of the rules, the petitioner may not be in a position to efficiently handle the aircraft given to him for flying. The safety of the aircraft and the passengers being paramount, no relaxation in such requirements would be in public interest," the bench said.
The bench passed the verdict on a petition moved by Sachin Solanki who had sought exemption from appearing in tests in air navigation, aviation meteorology, air regulation, aircraft & engine/ instruments which are mandatorily to be passed within five years preceding the issue of commercial pilot license.

Solanki had contended that he had already cleared the examinations in 2007 but was not granted the licence since he was wrongly declared medically unfit. He had contended since he had already passed the said examinations, the Directorate General of Civil Aviation (DGCA) be directed to exempt him from re-appearing in the same for getting a commercial pilot licence.
His plea was earlier rejected by the DGCA.
The bench, however, said, "the purpose of requiring passing of the aforesaid examination in Air Navigation, Aviation Meteorology, Air Regulation, aircraft & engine/ instruments, etc within five years preceding issue of commercial pilot license is to ensure that the knowledge of the examinee does not become outdated by the time he is issued the commercial pilot license.