Madras HC Questions DGCA’s Exemption Granted to IndiGo from Pilot Fatigue Management Norms [Read Order]

Chennai: In a significant development for India’s aviation sector, the Madras High Court has directed the Directorate General of Civil Aviation (DGCA) to file a counter-affidavit clarifying whether it intends to extend the exemption granted to IndiGo Airlines from key pilot fatigue management norms.

Justice V. Lakshminarayanan admitted the writ petition challenging the exemption granted by the DGCA on December 5, 2025, which allowed IndiGo to deviate from compliance with Paragraphs 3.11 and 6.14 of the Civil Aviation Requirements (CAR) for a particular class of aircraft.

The petitioner, Y.R. Rajaveni, represented by Senior Counsel Sanjay Ghose, challenged the exemption as illegal, void, and unconstitutional. The petition argued that under Rule 133A(1) of the Aircraft Rules, 1937, any order passed under Rule 133A(4) cannot be inconsistent with the parent legislation, namely the Aircraft Act, 1934. The petitioner contended that the impugned exemption order violates this fundamental principle.

The Additional Solicitor General, A.R.L. Sundaresan, appearing for the DGCA, explained that the exemption was granted after considering that IndiGo was not in a position to comply with the requirements, which would have led to large-scale flight cancellations. He informed the Court that the DGCA is working with the airline to ensure compliance with the Civil Aviation Requirements.

However, Senior Counsel Sanjay Ghose countered that the exemption was granted to accommodate the airline’s expansion plans without properly considering the mandatory Civil Aviation Requirements, raising concerns about passenger safety and regulatory standards.

The Civil Aviation Requirements on flight and duty time limitations are designed to prevent pilot fatigue, a critical safety concern in aviation operations. These norms prescribe maximum flight duty periods, rest requirements, and limitations on continuous duty hours to ensure pilots operate aircraft in optimal physical and mental condition.

The Court admitted the petition and issued a rule nisi, calling for records within four weeks. Significantly, Justice Lakshminarayanan recorded the statement of the Additional Solicitor General that the DGCA is working with IndiGo to ensure CAR compliance, while directing that the counter-affidavit specifically address whether the exemption granted on December 5, 2025, will be extended for a further period.

The Court observed that the request for interim relief seeking a stay on the exemption order could be considered only after hearing the airline. The matter has been posted for January 6, 2026, immediately after admission, by which date the DGCA must file its counter-affidavit on or before January 5, 2026.

The Court also directed the petitioner to complete service on IndiGo through all permissible modes, including private notice and service on the airline’s standing counsel, if one is appointed.

Appearances:
Mr. Sanjay Ghose, learned Senior Counsel, appeared on behalf of Mr. M. Ramesh, learned counsel for the petitioner, while Mr. A.R.L. Sundaresan, learned Additional Solicitor General, and Mr. K. B. Arun, learned Central Government Standing Counsel, appeared for Respondent No. 1.

Case Title: Y.R. Rajaveni v. Director General of Civil Aviation and Another

[Read Order]