HIV+ pilot can fly only if accompanied by experienced co-pilot: DGCA to Bombay High Court

The Directorate General of Civil Aviation (DGCA) recently told the Bombay High Court that it has certified an HIV+ pilot as fit to fly commercially, but only under the condition that he be accompanied by an experienced pilot [XYZ through this father v DGCA].However, the pilot, dissatisfied with the decision, opted to withdraw his petition in order to file a fresh petition challenging the DGCA decision."If the petitioner has any grievance in respect of subsequent developments and fresh certification as issued to the petitioner, it is for the petitioner to challenge the same as may be permissible in law," the Bench of Justice GS Kulkarni and Advait M Sethna said in the order passed on March 18 while permitting withdrawal of the plea..The case began in November 2020 when the petitioner, an aspiring commercial pilot then residing in the United States, started preparing for the DGCA exams required for certification as a commercial pilot in India. By October 08, 2021, he had successfully passed three of the six exams, including Air Navigation, Air Government Regulation and Aviation Meteorology.The petitioner then underwent the mandatory DGCA Class 1 Medical test at Nanavati Hospital on October 11 in 2021, where he was diagnosed with HIV on October 14, 2021. Following the diagnosis, Nanavati Hospital issued a 'Temporary Unfit for Flying' certificate on October 21, 2021.On December 3, 2021, the DGCA requested additional blood test reports. Later, on December 10, 2021, the DGCA declared the petitioner "Unfit for Flying for Class 1 Initial Medical Assessment" due to his HIV-positive status..In response, the petitioner filed a Right to Information (RTI) application seeking clarification on the DGCA’s policy. The DGCA revealed that while there was a policy for existing pilots who are diagnosed with HIV, no such policy was in place for new applicants. This prompted the petitioner to file an appeal and on March 9, 2022, he was called for a re-examination. As a result, on May 24, 2022, the DGCA issued a final medical certificate deeming him "Fit for Flying as P2 only" (Co-pilot)..Challenging this decision, the petitioner, through his father, approached the Bombay High Court, arguing that the DGCA's decision was discriminatory and violated his constitutional rights. He pointed out that there was no explicit provision in the Civil Aviation Regulations (CAR India) preventing HIV+ individuals from becoming a Pilot in Command.Additionally, the petitioner referred to international guidelines, specifically Chapter 13 of the International Civil Aviation Organization (ICAO) Manual of Aviation Medicine, which states that while HIV+ individuals may not be fit to fly in every case, some may be considered fit after medical scrutiny. .The petitioner also highlighted that the Federal Aviation Administration (FAA) had issued him a First Class Medical Certificate on March 24, 2023, confirming his fitness to fly in the United States.Subsequent to the filing of the petition, he cleared another medical assessment mandated by the DGCA, after which his fitness certificate was revised to "Fit Class I Medical Assessment as Pilot in Command with Qualified Experienced Pilot."This meant that the petitioner was allowed to fly as pilot in command provided he is accompanied by another qualified and experienced pilot..The DGCA, in its reply dated December 18, 2024 justified the certificate and raised concerns about the potential side effects of anti-retroviral therapy (ART) that the petitioner is undergoing and the unpredictable nature of the disease's progression. The DGCA argued that these factors, along with the need for frequent monitoring, justified the decision to declare the petitioner fit to fly only under supervision.."Considering the repercussions of disease progression, unpredictable side effects of ART, and frequent monitoring constraints, an aeromedical disposition is made deciding him fit to fly as a pilot in command with a qualified, experienced pilot," the DGCA noted in its affidavit.The petitioner, however, expressed dissatisfaction with this decision, arguing that the requirement to have an experienced co-pilot with him during flights severely limits his employment opportunities. Unhappy with this outcome, he chose to withdraw the petition to file a fresh challenge..Advocate Bhoomika Vyas along with advocate Sangram Chinnappa appeared for the petitioner.Advocate Piyush N Shah along with advocate Aditya Tayade represented the DGCA..[Read Order]