The court affirmed the necessity of alcohol testing for aviation personnel while ensuring COVID-19 safety through revised testing protocols and maintaining a balance between personnel health and passenger safety.

Headnote:(A) Civil Aviation Requirements - Section 5-Air Safety, Series F Part III - Breath Analyzer Test (BAT) for Air Traffic Controllers and Pilots - Concerns raised regarding the COVID-19 risk associated with current BAT procedures - Interim suspension of BATs upheld until safety measures are revised - Random testing procedures established, with specified caps on personnel tested. (Paras 4-14)

(B) Health and Safety Regulations - Effective implementation of regulations to ensure personnel safety during testing - Maintenance of passenger safety must balance with staff health amid the pandemic. (Paras 13-15)

Facts of the case:
Three writ petitions filed addressing the potential health risks posed by conducting BATs for Air Traffic Controllers and commercial pilots amid the COVID-19 pandemic. The petitions sought to suspend BATs due to concerns regarding virus transmission.

Findings of Court:
Directions issued to revise testing protocols ensuring safety of personnel while maintaining necessary testing for alcohol consumption.

Issues: The main issues included the safety concerns for ATCs regarding COVID-19 exposure during BATs and the balancing of personnel health with air safety standards.

Ratio Decidendi: The court determined that while alcohol testing is necessary for safety, it must be conducted in a manner that mitigates COVID-19 risks, implementing national and international best practices in testing protocols.

Result: All three petitions disposed of with directions issued for comprehensive guidelines.

Table of Content
1. concerns on bat during covid-19 outbreak. (Para 3 , 4 , 5)
2. dgms report on conducting tests safely. (Para 6 , 7 , 8)
3. suggestions by parties for test protocol. (Para 9 , 10 , 11 , 12)
4. directions for carrying out bat. (Para 13 , 14)

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.

2. All these three petitions relate to the Breath Analyzer Test (hereinafter "BAT") which Air Traffic Controllers (hereinafter "ATCs") and commercial pilots have to undergo prior to joining duty at the airports.

3. In WP(C) 2946/2020 the case of the Petitioner, which is the representative association of the ATCs working under the Airport Authority of India (hereinafter, "AAI"), is 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. It was thus submitted that the use of the current equipment for conducting the BAT is prejudicial to the interests of the ATCs, especially during the COVID-19 outbreak. In the said petition, vide order dated 23rd March 2020, this court had, as an interim measure, suspended the use of BATs until further orders, and 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 3rd September 2020, after considering the report of the Committee. The writ petition was however pending.

4. WP(C) 4990/2021 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 as mandated under Section 5 -Air Safety, Series F Part III Issue III-4th August 2015 (as modified vide Order bearing No. DGCA 15031/4/2020-DAS dated 04.09.2020) of the Civil Aviation Requirements Regulation identified as F. No. AV 1501I/2I/2010-AS, issued by the Director General of Civil Aviation (hereinafter, "DGCA") The petition also prayed for reinstatement of the interim order dated 23rd March 2020 in WP(C) 2946/2020.

5. WP(C) 5122/2021 is 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. On 3rd May, 2021, when this matter was listed for the first time, the court reiterated its interim order dated 23rd March 2020 in WP(C) 2946/2020 in which directions were given when the pandemic had broken out in 2020, and DGMS(Air) was asked to explore alternatives to BAT. Since then, all three petitions are being taken up together.

6. In W.P.(C) 4990/2021, vide order dated 27th April, 2021, this Court had sought a report from the Medical Committee formed by the DGMS (Air) on the issues which were raised in the petition. Further to the said order, the report from the DGMS (Air), was received, wherein the Committee has commented as under:

"2. The following points were drawn at the meeting held at O/o DGMS (Air) and after examination the comments are as under-

(a) Related to continuation of Breath Analyser Test (BA Test) - Keeping in mind the safety of passengers as also the safety of the personnel including the pilots, cabin crew, air traffic controllers etc, complete suspension of BA Test may prove counterproductive and hence not advisable. As a deterrent measure, random test in a day may be conducted by the organisation concerned in alignment with international regulations. It is proposed that random testing may be conducted and the number of tests per day may be decided by DGCA depending on operational requirements both domestic as well as international, and considering the best international practices followed worldwide. The precautions/