Spell out steps to be taken on AMOs for NE: Gauhati High Court

A single-judge bench of the Gauhati High Court wants to know as to what steps the DGCA (Directorate
Spell out steps to be taken on AMOs for NE: Gauhati High Court

STAFF REPORTER

GUWAHATI: A single-judge bench of the Gauhati High Court wants to know as to what steps the DGCA (Directorate General of Civil Aviation) intends to create AMOs (Approved Maintenance Organizations) for the north-eastern region so that the institute and students of the region can pursue with their training course in Aircraft Maintenance. The High Court has also said that the region is not merely a few States, but an entire region of the country.

Such an observation has been reflected in the order issued by Justice Achintya Malla Bujor Barua in the case WP© 2309/2020 – College of the Aeronautical Engineering, Borjhar, Guwahati represented by its Accountable Manager Bikrom Singha Lahkar versus The Union of India and others.

The petitioner institute imparting course in Aircraft Maintenance was given the approval under CAR-E (Civil Aviation Regulations-E) and has been imparting training since then. However, the DGCA introduced the CAR-147 on December 27, 2017 and as per 147.A.01.(b) the existing training organization approved under CAR Section 2 series E would be considered for approval under CAR 147 provided they make long-term viable agreement and technical arrangement with an approved maintenance organization for imparting practical to cover the scope of approval, the order said.

The Under Secretary to the Government of India in the Ministry of Civil Aviation Agreement Section rejected the request of the petitioner institute for an exemption of the compliance of the CAR 147.A.01.(b) by providing that if there is no AMO for the northeastern region, the petitioner institute may enter into an agreement with an AMO at Calcutta.

"We take note of that CAR 147.A.100(d) requires that if an organization is unable to provide the facilities, viable arrangements would be made with another organization located conveniently to provide such workshops and/ or approved maintenance facilities under long term written agreement and technical arrangements by specifying the condition of access to all relevant areas and use thereof. But however, Note 3 to CAR.147.A.100 provides an approved AMO may have contract with only one institute at particular location," the order said.

The Court said, "Upon hearing the parties, we come to know that the number of AMOs available in the country is less than the number of institutes imparting aircraft maintenance training course. So if Note 3 is to be given its effects, all such existing institutes imparting aircraft maintenance training course cannot have an agreement with an approved AMO as the existing AMOs are likely to be exhausted by entering such agreement with the available institutes. It is discernable that the petitioner is in such a position that no AMO is available for them to enter into such an agreement. "In the circumstance, the DGCA is to respond as to how this petitioner institute is expected to enter into an agreement with the given AMOs.

"In the circumstance, the DGCA is to provide the list of AMOs available in the country and out of the said AMOs which of the AMOs do not have any agreements with the Aircraft Maintenance Training Institutes. If appropriate numbers of AMOs are not available, what DGCA intends to do with the requirement of Note – 3 to CAR.147.100." The case has been listed for July 27, 2020.

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