Madras high court asks DGCA if it will extend fatigue norms exemption to IndiGo
CHENNAI: Madras high court directed the Director General of Aviation (DGCA) to explain whether it would extend the exemption granted to InterGlobe Aviation Limited (IndiGo) for complying with the fatigue norms for pilots.
Justice V Lakshminarayanan passed the order on a plea moved by Y R Rajaveni, seeking to declare the exemption granted to the aviation company as illegal and void.
When the plea came up for hearing on Friday, additional solicitor general A R L Sundaresan submitted that the exemption was granted by the DGCA, taking into consideration that the company was not in a position to comply with the requirements, leading to large-scale cancellation of flights.
Senior advocate Sanjay Ghose, representing the petitioner, submitted that the exemption was granted by the DGCA on account of expansion carried out by the company, without keeping in mind the Civil Aviation Requirements (CAR).
He alleged that under Rule 133A(1) of the Aircraft Rules, 1937, any order passed under Rule 133A(4) cannot be inconsistent with the parent Act, the Aircraft Act, 1934. He further pointed out that the DGCA’s order dated Dec 5, 2025, granting the exemption, was contrary to the rule.
Recording the submissions, the court directed the DGCA to go on record by way of a counter-affidavit by Jan 5 and specifically state whether it intended to extend the exemption granted on Dec 5, 2025, for a further period.
When the plea came up for hearing on Friday, additional solicitor general A R L Sundaresan submitted that the exemption was granted by the DGCA, taking into consideration that the company was not in a position to comply with the requirements, leading to large-scale cancellation of flights.
Senior advocate Sanjay Ghose, representing the petitioner, submitted that the exemption was granted by the DGCA on account of expansion carried out by the company, without keeping in mind the Civil Aviation Requirements (CAR).
He alleged that under Rule 133A(1) of the Aircraft Rules, 1937, any order passed under Rule 133A(4) cannot be inconsistent with the parent Act, the Aircraft Act, 1934. He further pointed out that the DGCA’s order dated Dec 5, 2025, granting the exemption, was contrary to the rule.
Recording the submissions, the court directed the DGCA to go on record by way of a counter-affidavit by Jan 5 and specifically state whether it intended to extend the exemption granted on Dec 5, 2025, for a further period.
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