{"id":248156,"date":"2021-05-13T18:00:51","date_gmt":"2021-05-13T12:30:51","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=248156"},"modified":"2021-05-21T11:22:08","modified_gmt":"2021-05-21T05:52:08","slug":"del-hc-breath-analyser-tests-prejudicial-to-the-interests-of-air-traffic-controllers-and-commercial-pilots-during-covid-19-court-asks-dgca-to-issue-comprehensive-guidelines","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/05\/13\/del-hc-breath-analyser-tests-prejudicial-to-the-interests-of-air-traffic-controllers-and-commercial-pilots-during-covid-19-court-asks-dgca-to-issue-comprehensive-guidelines\/","title":{"rendered":"Del HC| Breath Analyser Tests prejudicial to the interests of Air Traffic Controllers and Commercial Pilots during COVID 19; Court asks DGCA to issue comprehensive guidelines"},"content":{"rendered":"

Delhi High Court:<\/strong> Prathiba M. Singh, J., gave directions in the matter of three petitions relating to the Breath Analyzer Test (\u201cBAT\u201d) which Air Traffic Controllers (\u201cATCs\u201d) and commercial pilots have to undergo prior to joining duty at the airports.<\/p>\n

WP(C) 2946 of 2020 was filed by the petitioners which is the representative association of the ATCs working under the Airport Authority of India (\u201cAAI\u201d), they submitted that on a random basis 10% of the ATCs are subjected to the BAT which uses equipment that could result in the spread of the COVID-19 virus thus the use of the current equipment for conducting the BAT was prejudicial to the interests of the ATCs. The Court on 23-03-2020 as an interim measure had suspended the use of BATs until further orders. It had also tendered an assurance from all ATCs that they would provide a self-declaration that they would not report to duty under the influence of alcohol, as per the prevalent regulations. The court had also directed the constitution of a technical committee under the DGMS (Air) and had sought a report. The interim order was thereafter modified vide order dated 03-09-2020, after considering the report of the Committee.<\/p>\n

WP(C) 4990 of 2021 was recently filed by the Indian Commercial Pilots Association owing to the recent spurt of Covid-19 infections that have been witnessed in India. The Petitioner sought exemption for commercial pilots, from undergoing the BATs.<\/p>\n

WP(C) 5122 of 2021 was the third petition filed by Air Traffic Controllers guild, seeking immediate halt on the administration of the BAT, which could increase their chance of contracting COVID-19.<\/p>\n

On 27-04-2021 the e Medical Committee formed by the DGMS (Air) had submitted a report to the Court and on 05-05-2021 after perusing the report of the DGMS (Air) and the Committee certain directions were issued by the Court and a further report was called for, pursuant to which DGMS (Air) had filed a report where the queries put to them have been answered.<\/p>\n

Counsel appearing for DGCA submitted that as per the report an attempt shall be made in all the airports, to conduct the Breath Analyzer test in an open area, as far as possible. Even in the places where testing in the open area was not possible, it shall be ensured that the room where the testing was done, shall be sanitized after each test was undertaken. She further submitted that in addition, the DGCA has taken a decision, to the effect that not more than 6 persons shall be tested in one hour.<\/p>\n

The Court observed that two reports of the DGMS (Air) also do not recommend heavy testing through Breath Analyser method, owing to the prevalent circumstances. The Court further issued certain directions stating that the testing for alcohol cannot be completely exempted in as much as the same could be detrimental to passenger safety.<\/p>\n