The Delhi High Court issued a notice to the Directorate General of Civil Aviation (DGCA) on a petition challenging the Civil Aviation Requirement (CAR).
The petition has been moved by the pilot body, the India Pilots’ Guild, and others. CAR governs the ”Procedure for examination of the aviation personnel for consumption of Psychoactive Substances.
Justice V Kameswar Rao issued notice to DGCA on the petition which sought a stay on the CAR issued by the respondent. The court has listed the matter for hearing on March 28, 2022. The petition has challenged the CAR issued by DGCA claiming it to be arbitrary and unconstitutional.
The petition claimed that CAR has been issued by the DGCA in the arbitrary exercise of the power conferred by Rule 133A of the Aircraft Rules 1937 by issuing the impugned CAR without taking into consideration the suggestions and feedback of the petitioner, thus, vitiating the process of effective consultation in violation of the fundamental rights of the petitioners.
The petition claimed that CAR to be effective from January 31, 2022, suffers from major infirmities and is littered with arbitrariness.
“DGCA has failed to scientifically address the issues and shortcomings of the process. The impugned CAR has been issued without application of mind and without paying heed to the global guidelines and standards,” the petition read.
It has been further claimed that the impugned CAR, therefore, if implemented, in its current form, will lead to chaos and infringement of the fundamental rights of the petitioners and others covered under the ambit of the CAR.