SACHIN SOLANKI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner before this Court appeared in Class -I Medical Test at Air Force Medical Centre, Subroto Park, New Delhi for issuance of license and was declared temporarily unfit. The limitations found during the medical examination of the petitioner was EEG abnormality and complete RBB Bon EEG(R). He was advised next review with MRI brain, 2D Echocardiography, Doppler study and opinion of Neuro physician on EEG abnormality. The petitioner was again medically examined on 6.2.2007 and was found fit. On 6.2.2007, AFCME issued initial Class -I fit medical certificate to the petitioner. The respondent, however, replying upon the EEG report declared the petitioner permanently unfit for flying vide order dated 16.8.2007. The petitioner preferred an appeal against the above assessment. The said appeal was dismissed. The petitioner then filed a writ petition before this Court which came to be dismissed by the learned Single Judge of this Court. The petitioner then approached the Division Bench by way of an LPA. Vide order dated 18.8.2011, the Division Bench of this Court remitted the matter to DGCA to dispose of the appeal preferred by the petitioner by ascribing cogent, germane and acceptable reasons. Vide medical assessment dated 25.4.2012 at AFCME, New Delhi, the petitioner was declared fit without any limitation.

(2.) THE petitioner vide letter dated 9.7.2012 sent to the Director (Licensing), Directorate of Civil Aviation, sought the following exemptions from the conditions prescribed for flying for issuance of a commercial pilot license:

(3.) THE learned counsel for the petitioner submits that the petitioner holds a US Commercial License and the conditions required for validation of such license are the conditions which are prescribed for issue of such license by DGCA in India. Therefore, exempting the petitioner from fulfilling the conditions required for validity of US License would amount to granting him exemption from all such condition which he does not fulfil for issuance of a commercial pilot license by DGCA. Such exemption, in my view, cannot be granted to the petitioner.