LAKHBIR SINGH BILAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition seeks a direction to the Adviser, Civil Aviation, Haryana, to recommend the case of the petitioner for grant of Commercial Pilot Licence to Director General of Civil Aviation, (for short, the DGCA), New Delhi, by exempting him from appearing in two lapsed papers, on the ground that he has already passed six papers meant for Commercial Pilot Licence.

(2.) CASE pleaded by the petitioner is that under the provisions of the Aircraft Act, 1934 read with Aircraft Rules, 1937, Commercial Pilot Licence is issued by the Central Government, to the persons duly trained by Flying Clubs. On 26.5.1995, an advertisement (Annexure P.1) was given by the Civil Aviation Department of Haryana, inviting applications for admission to the training for Pilot Licence. The petitioner applied for admission as Trainee Pilot and was selected. Vide letter dated 20.7.1995, (Annexure P.2), the petitioner was sponsored for the Pinjore Aviation Club. A trainee Pilot is required to record 250 hours of flying training for the licence of a Commercial Pilot and is also required to pass the following papers :-

(3.) THE petitioner qualified first and second papers on 1.3.1996 and 7.3.1996 and became eligible for 60 hours of flying training. The petitioner was, however, allowed only 3.25 hours of training upto 12.11.1996. He was then allowed 60 hours flying training by 23.2.1997. The petitioner qualified next two papers on October 20, 1996 vide Annexure P.6. He passed the 5th paper on 21.3.1997 and, became entitled to 75 hours Haryana flying quota upto March 31, 1997. The petitioner made a representation on 9.3.1997 (Annexure P.7) that though, he had passed four out of six papers, he was not being given flying training. He was allotted only 36 hours instead of 75 hours. He filed C.W.P. No. 5925 of 1997. In the reply, the respondents pleaded want of funds for allowing flying hours to the petitioner. The petitioner completed all the papers and was given Private Pilot Licence on 27.2.1997. However, one Sunil Dutt Sharma was given more flying hours. Respondent No. 7 was given 110 hours of flying training, though he was not a bona fide resident of Haryana.