MUMBAI: A US-trained commercial pilot with HIV on Tuesday told the Bombay HC that Directorate General of Civil Aviation (DGCA)’s certification deeming him fit to fly as a commander but only with a more experienced pilot beside him was “discriminatory.” He now plans to file a fresh petition challenging the rider on his licence only because of his HIV status.
“If the petitioner has any grievance of the subsequent developments and the fresh certification… it is for the petitioner to challenge the same as may be permitted in law,” said Justices Girish Kulkarni and Advait Sethna.
The pilot filed the petition last year through his father. In July 2021, a medical test deemed him fit to serve as a pilot in command. He had cleared DGCA exams to become a civil commercial pilot. In Oct 2021, he was informed of the HIV diagnosis and issued a ‘temporary unfit for flying’ medical certificate. In Dec 2021, DGCA informed him he was ‘permanently unfit for flying’ as a pilot in command. On appeal, in May 2022, DGCA deemed him ‘fit for flying as (co-pilot) only.’ Thereafter, he left for the US.
DGCA’s Dec 18 reply said the petitioner is on anti-retroviral therapy (ART), including medicines which have several adverse effects. It cited the International Civil Aviation Organisation’s Manual of Civil Aviation Medicine on the risk of progression of the disease after commencing ART. “Considering repercussions of disease progress, unpredictable side effects of ART, and frequent monitoring constraints, an aeromedical disposition is made declaring him fit to fly as pilot in command with qualified experienced pilot,” it stated.
DGCA’s advocate Piyush Shah said the petitioner applied for medical certificate and “in respect of that we have allowed him as pilot in command” rostered along with a more experienced pilot. The pilot’s advocates, Bhoomika Vyas and Sangram Chinappa, said if he required a pilot with more flying hours to be alongside, no one would hire him. “This would render him unemployable,” said Vyas, adding, “similarly placed persons, who do not have HIV” face no such rider on their licence.
To the judges’ query, Vyas said her client has now returned from the US. The judges said the petitioner’s grievance that the DGCA was not considering him because of his status as an HIV+ person “in our opinion, would stand redressed.” For any other grievance, he must file a fresh petition “making out a case.”