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MOOT PROPOSITION*

Martiazil is a country situated in Asia, and has a reputation for having the best domestic
transportation across Asia. In fact, an independent survey conducted by an NGO named, CNRI
categorized the domestic transportation in Martiazil as the 9th best across the globe. Merlyn
Global Airways is the onlyairway service provider domestically in Martiazil and has great
reputation; in fact, in the past few years its reputation as an international passenger carrier has
superceded its reputation with regrads to domestic services it provides. Malcolm Merlyn, The
Chairman of Board of Directors of Merlyn Global Airways is also the richest person in Martiazil
and 23rd richest person as per the internationally reputed magazine, Starpack Bonanza.
The Airways (Flight and Boarding) Rules, 2014makes it discretionary and optional to the
Airways to get its Flight and Borading Rules registered with the Department of Civil Aviation.
The said Rulesunder Rule22 also provides for the time required for confirming the
registration.The exact provision of the said Rules read as:
The Department of Civil Aviation, may, at its discretion, and after due enquiry, confirm
registration of Rules to the Corporations who have applied for the registration of its
Rules with the Department within a period of seven to thirty days form the date of rceipt
of application seeking registration alongwith copy of the concerned Rules.
Every kind of Rules of the Merlyn Global Airways are registered with the Department of Civil
Aviation (DCA), Martiazil pursuant to the The Airways (Flight and Boarding) Rules, 2014. The
Rules containing provision for Overbooking rule took merely 7 days to get registered with the
*

The Moot Proposition has been formulated and drafted by Ashutosh Singh, LL.M. Candidate at NALSAR University

of Law, Hyderabad.

Department of Civil Aviation. More recently, Merlyn Global Airways has attracted vehement
criticism regarding its overbooking policy which it implemented from five (5) years back.
Pursuant to the policy of overbooking, even some of those with confirmed booking were denied
boarding. The Rule related to Overbooking read as:In eventuality of an overbooking, Merlyn Global Airways may first ask those who have
reported on time and with confirmed seats to offer their seats to other fellow pessangers,
in exchange of such discretionary benefits and facilities which the Merlyn Global
Airways may wish to offer. However, in absence of volunteers, those denied boarding will
be entitled to compensation to the amount of flight fare, and in addition 50 Martiazil
Dollars.
One of the passengers, Mr. Roy Harper, who was a lawyer,with his comrades and relatives (in
total 17) suffered the fate of this policy of overbooking. On 1st January, 2016, Mr. Harper along
with his 16 other companions was denied boarding in the Merlyn Global Airways Flight No.
C/532/A-95, wherein the scheduled journey was from Zyl, the capital of Martiazil to Stan Vyn, a
city known for attracting maximum litigation in Martiazil. To his surprise, they were not issued a
boarding pass owing to the fact that the flight was overbooked in comparison to the number of
available seats in the flight.
This incident became particularly insulting for Mr. Harper as he was going to his own marriage
ceremony alongwith companions. Soon after the denial of boarding pass, it was communicated to
him by the Supervisor on duty that the policy of overbooking is a matter of practice and has been
followed for past five years. Though, Mr. Harper was reimbursed to the extent of the flight fare
and an additional 50 Martizilian dollars, he felt extremely anguished and pained. Furthermore, he

also suffered loss on account of the expenses incurred in the marriage and other professional
engagements which he had prior to marriage ceremony. In fact, his marriage got cancelled owing
to this unfortunate circumstance.
Mr. Harper filed a writ petition seeking relief from the Court against the discriminatory policy
followed by the Merlyn Global Airways. The writ petition has been filed in the Supreme Court
of Martiazilunder Article 32 of the Constitution of Martiazilregarding the violation of
fundamental rights due to the overbooking policy and claiming further compensation. In the
same writ petition, the Department of Civil Aviation of Martiazil was also made a Respondent
and it was contended that the Department of Civil Aviation should have opted for more anxious
scrutiny before registering the Rules of Merlyn Global Airways. In the first hearing, the
Respondent, Merlyn Gobal raised the objection that it is a Private Corporation and therefore not
amenable to the writ jurisdiction of the Court. Similarly, the Department of Civil Aviation has
objected to the amenability of the writ petition to itself. The Supreme Court of Martiazil has
fixed 13th February, 2016 as the final date of hearing on the aspect of maintainability and merit,
both.
Note: Following are the general guidelines/instructions/information to the participants for
approaching the moot problem:
1) The Constitution of Martiazil is in parimateria with the Constitution of India.
2) The participants may frame and raise additional issues as they please.
3) Any clarification on the Moot Proposition may be sought till 22th of January, 2016. Only
clarifications deemed appropriate shall be reverted with.
4) Participants are encouraged to think out of the box in terms of legal arguments.

5) Any disability in arguing any point or pointing out the untenability of any proposition
arising out of above facts, must be formulated and presented as an argument instead of a
mere statement.
6) The participants are advised not to communicate anything regarding the Moot
Proposition with the drafter of the Problem till the Moot Court Competition is not over.