THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.19647 of 2007 Dated 28th April, 2014 Between:
Gunreddy Ramkoti Reddy s/o Iddha Reddy, Aged 62 years, Occ: Agriculture and others.
…Petitioners And The State of Andhra Pradesh represented by its Secretary – Revenue Department, A.P. Secretariat, Hyderabad and two others.
… Respondents THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.19647 of 2007
O R D E R:
This writ petition, under Article 226 of the Constitution of India, is filed, seeking to declare the order dated 27.07.2006 passed by the Director General of Civil Aviation, the first respondent herein, assessing the petitioner as permanently unfit for flying due to “substandard vision’ in the corrective glass (Amblyopia both eyes) in the medical examination Class I on 05.06.2006.
2. Heard Sri Habeeb Sheikh, learned counsel for the petitioner and the learned Assistant Solicitor General for the Union of India and Sri Kranthi K.Vaka, counsel for the third respondent.
3. The pleaded case of the petitioner is as follows:
The petitioner is a graduate in B.C.A and intends to become a commercial pilot for which the petitioner possesses the basic requirement of 10+2 and he joined the Course in (CPL) at FLYTECH Aviation Academy, Hyderabad and the Course period is 250 hours of flying at the time of joining and later on it was reduced to 200 hours. Before the grant of such license, the requirement is Class I Medical Test and the person has to undergo medical check up for vision and for which there are two centres, one at Central medical Establishment, Airforce Station at N e w Delhi and the other at Indian Aerospace Medicine, Bangalore. Petitioner was subjected for medical examination and without assigning any reasons, the office of the first respondent by way of an order dated 08.11.2005, assessed the petitioner as permanently unfit for flying on account of substandard vision “substandard vision’ in the corrective glass (Amblyopia both eyes) and on appeal by way of an order dated 14.05.2005, the petitioner was asked to seek an appointment from AFCME, New Delhi, for fresh medical examination at the earliest and once again by way of an order dated 18.01.2006, the first respondent said that the petitioner was assessed as permanently unfit for flying on account of substandard binocular vision. Once again, on appeal, by way of an order dated 13.03.2006 and 02.05.2006 reconsideration was ordered and eventually by way of impugned order dated 27.07.2006, the first respondent once again assessed the petitioner as permanently unfit for flying on account of substandard vision with corrective glass (Amblyopia both eyes).
4. Challenging the said action on the part of the official respondents, the present writ petition has been field and in response to the Rule Nisi a counter affidavit is filed on behalf of the respondents 1 and 2, denying the averments made in the affidavit filed in support of the writ petition and in the direction of justifying the impugned action.
5. The writ petitioner filed WPMP.No.8867/2014 under the provisions of Rule 16 (a) of the Writ Rules seeking to implead one Mr.S.Damodaran, Group Capital (Retd), Incharge Doctor, for DGCA Class/I. Medicals, Apollo Hospitals as the third respondent in the writ petition. The said application is ordered vide separate order.
6. This Court on 02.01.2014 passed an interim order in WPMP.No.25760/2008 directing the respondents to consider the case of the petitioner for medical test in any authorised hospitals. As per the petitioner herein in pursuance of the interim orders, he approached the DGCA, approved institution i.e., Apollo Hospital at Chennai where he found Mr.S.Damodaran, Group Capitan (Retd), working in the said hospital who passed the impugned order dated 27.07.2006. According to the petitioner he approached the Nanavathi Hospital, which is a DGCA approved hospital on 29.01.2014 where the hospital authorities by way of correspondence dated 29.01.2014 suggested to the petitioner to approach the Director General of Civil Aviation for no- objection certificate for his Class-I medical test at Dr.Balabhai Nanavathi Hospital, Mumbail.
7. Even though, allegations are made against the third respondent herein, this Court does not propose to go into all the said aspects and in order to put a quietus for the entire problem, this Court deems it appropriate and apt to dispose of the present writ petition with a direction to the Director General of Civil Aviation/the first respondent herein to issue no objection certificate to the petitioner for the purpose of approaching Dr.Balabhai Nanavathi Hospital, Mumbai to undergo required medical test.
8. For the aforesaid reasons, this writ petition is disposed of, directing the Director General of Civil Aviation/the first respondent herein to issue no-objection certificate to the petitioner herein to approach Dr.Balabhai Nanavathi Hospital, Mumbai to undergo Class I medical test within a period of one month from the date of receipt of this order. The respondents are also directed to consider the case of the petitioner herein and take appropriate action after receipt of the report from the said Dr.Balabhai Nanavathi Hospital, Mumbai, within a period of two months thereafter as per law. Consequently, pending miscellaneous petition, if any, shall stand dismissed. No order as to costs.
A.V.SESHA SAI, J Date: 28-04-2014 grk THE HONOURABLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.19647 of 2007
Dated 28th April, 2014 Grk