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Taking note of a plea moved by Directorate General of Civil Aviation (DGCA), the Delhi High Court said that the conduct of Breath Analyser Test (BAT) for staff of ATC, Commercial pilots, cabin crew, and other staff members shall continue as per the guidelines issued by the DGCA in light of the status of Covid-19 pandemic.
The Delhi High Court dispensed for the time being its earlier condition mandating that only six such personnel can undergo the test in one hour.
Justice Pratibha M Singh passed the order taking into consideration the increase in air traffic and reduction in the incidence of cases and modified an earlier order on the issue following an application for modification by DGCA.
The court however refused to allow DGCA's request to permit the conduct of BAT tests as per pre-COVID protocols i.e. without the doctor and any other paramedic personnel on duty taking the Rapid Antigen Test (RAT) for COVID-19 prior to joining the duty in the testing area for administering BAT.
Later, the court granted liberty to DGCA to move an application seeking modification at a later stage.
However, the court, for the time being dispensed its earlier direction mandating only six personnel shall be tested in one hour in view of increase in air traffic and reduction in Covid-19 incidents.
The court while passing the order refused to allow the request to conduct BAT as per pre Covid-19 protocol i.e allowing medical staff to conduct BAT on others in testing area without conducting their own Rapid Antigen Test (RAT).
The court court said, "Doctors and paramedics/nursing personnel ought to be tested on Rapid Antigen Test, prior conducting test on other personnel, as the risk would be high if such such a test is not conducted, and either the doctor or nurse turns out to be Covid-19 positive."
"This is so more because there are chances of such persons being asymptomatic and being unaware if they have contracted the virus," the court further said.
Thus, at this stage , the said test would continue to be mandatory, in terms of order of May 11, 2021, the court said.
“However, considering the submissions made today, in respect of the direction issued in paragraph 13(5) of the order dated May 11, 2021, that only six personnel shall be tested in one hour is concerned, in view of the increase in air traffic and reduction in the incidence of COVID-19, as also, to ensure optimum utilisation of resources and reduce delays, the same is dispensed with, for the time being. The order dated May 11, 2021, is modified accordingly," the court said in its order dated September 8.
The court granted liberty to DGCA to move an application seeking any other modification at a later stage.
“It is made clear that the guidelines issued by the DGCA from time to time shall continue to operate. The conduct of BAT for staff of ATCs, commercial pilots, cabin crew, and other staff members, shall also continue depending upon the guidelines issued by the DGCA in light of the status of the COVID-19 pandemic," the court said.
These directions are passed on the application of DGCA sought certain modification in the earlier order.
The High Court earlier passed the directions in May 2021 mandating the RAT of the medical staff before conducting BAT for aviation staff including other direction.
*With inputs from agencies