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1. 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.

11. Mr. Sanghi, ld. Counsel appearing for the Petitioners in the two writ petitions, submits that the Breath Analyser test ought to be conducted in an open area so that the safety of the ATCOs is taken care of.

12. Mr. Pujari, ld. Counsel appearing for the commercial pilots submits that the cap on the personnel to be tested should be reduced to 5% instead of 8%. He also refers to the testing rooms in some airports. A photograph of Surat airport is shown to the Court today, to show that the space available is very congested and hence, there is a chance of overcrowding. He accordingly submits that the DGCA should publish the revised protocol in a comprehensive manner, so that it is duly adhered to in all the airports across the country.