N. Nagaresh JUDGMENT
N. Nagaresh, J.
1. These writ petitions have been filed by the respective petitioners challenging the Breath Analyzer examination of the personnel engaged in Aircraft Maintenance, Air traffic control services, Aerodrome operations and Ground handling services for detecting consumption of alcohol, prescribed by the office of the Director General of Civil Aviation, New Delhi.
2. The Director General of Civil Aviation (DGCA), as per an order F. No. DGCA.15032(02)/1/2019-DAS dated 16.09.2019, made it mandatory for the personnel engaged in Aircraft Maintenance, Air traffic control services, Aerodrome operations and Ground handling services, to undergo a Breath Analyzer (BA) examination for detection of consumption of alcohol. The said order was issued under the provisions of Section 5(A) of the Aircraft Act, 1934, Rule 21A and Rule 24(3) read with Rule 133A of the Aircraft Rules, 1937. The DGCA extended the applicability of the Circular dated 16.09.2019 to the personnel engaged in maintenance of communications, navigations and surveillance (CNS) also, as per communication F No. DGCA.15032(02)/1/2019-DAS.
3. The petitioners, who are working within the Airport Authority of India premises, have approached this Court with these writ petitions in the backdrop of wide spread outbreak of Covid-19. According to the petitioners, Airport is the centre of Covid-19 infected and suspected persons. The Breath Analyzer examination for the petitioners and their colleagues, are conducted by the same paramedical staff and the same machine is being used. According to the petitioners, this increases the chances of transmitting Corona virus. If the petitioners get infected, then more personnel engaged in these services will be quarantined by the State authorities. It will hamper air traffic operations. The petitioners point out that the authorities were aware of this dangerous situation and hence Breath Analyzer examination was stopped for 15 days. However, subsequently, when the pandemic was spreading more virulently, the authorities resumed the BA examination.
4. The petitioners further point out that the airport Authority of India issued Circular No. A.60011/36/2015/HRPC/103 dated 09.03.2020 exempting its employees from marking Biometric Attendance in Aadhar based biometric attendance system. The exemption was made apprehending transmission of virus through palms. The Breath Analyzer examination is more dangerous, as regards infection.
5. Though the petitioners raised their concern in this regard, no positive response has come so far. Instead, the DGCA issued an order dated 13.03.2020 mandating strict compliance of the earlier orders/Circulars. In the circumstances, the petitioners seek to direct the DGCA to temporarily stop the Breath Analyzer examination conducted on the basis of afore orders/Circulars. The petitioners have also sought to direct the State of Kerala to invoke Section 2 of the Epidemic Diseases Act, 1897 in order to prevent the apprehended infection of Covid virus through Breath Analyzers.
6. Learned counsel for the petitioners argued that the Circulars issued by the DGCA are violative of the right to life of the petitioners. The limited number of Breath Analyzer apparatus are not even sanitised or sterilised after each use. A ground staff, who closely interact with the Aircraft and passengers who in turn appears for Breath Analyzer examination, help the virus to spread to the other staff in the Airport, through him. The fact that the Biometric Mark........