JUDGMENT : 1. Heard learned Amicus Curiae, learned ASG and learned counsel for the respondent No. 21. 2. Mr. Umesh Kumar Bhardwaj, Under Secretary to the Government of India, Ministry of Civil Aviation has filed an affidavit on behalf of Ministry of Civil Aviation dated 22-04-2019 stating therein that in compliance to the direction of this Court dated 10-04- 2019, a meeting was held on 15-04-2019 under the Chairpersonship of Smt. Usha Padhee, Joint Secretary, Ministry of Civil Aviation with the representatives of Directorate General of Civil Aviation (DGCA), Airport Authority of India (AAI) and M/s Zexus Air Services Private Ltd. (Zoom Air) to discuss the operation of CRJ200 of Zoom Air on Delhi-Shillong Sector. 3. In the meeting representatives of Zoom Air has conveyed that it is possible to operate "CRJ200 Aircraft directly between Delhi and Shillong Airport." However, there is substantial load penalty when operating at Shillong Airport which will vary according to operational and weather conditions. 4. It was the stance of Zoom Air that before commencement of operation, Safety Risk Assessment of the Airfield as per regulation is to be conducted by them and if any observation would be required to be made, same is to be addressed by the AAI so as to ensure operational and safety consideration for operating CRJ200. It was also divulged that due to load penalty, the operation is not commercially viable unless it is financially supported by the Government. 5. The Under Secretary, Ministry of Civil Aviation has further deposed that the existing Airport infrastructure with respect to runway, Apron and other facilities available at Umroi Airport are suitable for CRJ200 type Aircraft which is available with Zoom Air. The existing Airport Rescue and Fire fighting (ARFF) category, Cat V at Umroi airport will be upgraded to Cat VI by AAI when any Airline confirm the operation of flights Q400 or CRJ200. It is further stated that if any further observation is made by Zoom Air after assessment, same will be addressed to the extent feasible. 6. It is further stated by the Civil Aviation representative that Zoom Air was advised to conduct Safety Risk Assessment of the Airfield as per guidelines and observation of minimum operational and safety consideration of operating CRJ200 from Delhi to Shillong would be considered by AAI provided M/s Zoom Air commits to start operation from Delhi to Shillong. 7. 6. It is further stated by the Civil Aviation representative that Zoom Air was advised to conduct Safety Risk Assessment of the Airfield as per guidelines and observation of minimum operational and safety consideration of operating CRJ200 from Delhi to Shillong would be considered by AAI provided M/s Zoom Air commits to start operation from Delhi to Shillong. 7. It is further stated that the Ministry of Civil Aviation does not provide financial support to Airlines for commercial operations across the country. However, MoCA may consider to include Delhi/Hindon Shillong and Shillong-Delhi/Hindon routes in the next round of bidding under Regional Connectivity Scheme (RCS)-UDAN wherein M/s Zoom Air may also participate in transparent bidding process and same would be considered as per provisions of the scheme. After due procedure, selected Airline operator would be awarded route for its operation as per RCS-UDAN document. Learned ASG while referring to the contents of the affidavit made it clear that the Ministry of Civil Aviation is committed to provide better connectivity facilities subject to the consent of the Airliner, further added that if on bidding under Regional Connectivity Scheme-UDAN is awarded to Zoom Air, same will take care of commercial viability because Regional Connectivity Scheme-UDAN is subsidised and to her understanding only Zoom Air has CRJ200 type Aircraft, then most probably they will succeed in the bidding process. However, bidding process will be assured in a most transparent manner. It is made clear that there is no assurance to Zoom Air that it will get it, however, it will be assured in a transparent manner. 8. The affidavit filed by respondent No. 21 on 22-04-2019 clearly reveal that a meeting has been held and whatever has been stated in the affidavit by the Ministry of Civil Aviation, same has not been denied. It has been categorically stated that CRJ200 Aircrafts are capable to operate between Delhi and Umroi Airport but with load penalty so it would not be commercially viable to operate flights between Delhi- Shillong without financial support from the Government, this concern is already taken note of in the affidavit filed by Ministry of Civil Aviation. 9. It is further stated that respondent No. 21 has applied to the DGCA for reissuance of Air Operating Certificate, it is only thereafter they can undertake flight operation, same will be renewed by end of April, 2019. 9. It is further stated that respondent No. 21 has applied to the DGCA for reissuance of Air Operating Certificate, it is only thereafter they can undertake flight operation, same will be renewed by end of April, 2019. Learned counsel for respondent No. 21 while referring to the two affidavits submits that when the tenders will be floated regarding Regional Connectivity Scheme-UDAN, only then they can say with certainty as to whether their financial concern will be taken care of or not. Further added that after the Certificate is issued Zoom Air will start operation, immediately thereafter they will conduct a Safety Risk Assessment. In short, he submits that the Aircraft of Zoom Air is to operate most likely from middle of May, 2019, therefore, by end of May, 2019 it shall conduct the Safety Risk Assessment but he was suggested to impress upon the Airline to take assessment within three days after operation of the first flight of Zoom Air regarding which he seeks time to have instructions. 10. Conjoint reading of the two affidavits suggest that some seriousness is exhibited and means are explored for operation of flights from Delhi-Umroi and back. 11. Learned ASG was pointedly asked as to when they will float the tenders for Regional Connectivity Scheme -UDAN, her response is that once Zoom Air makes a commitment to operate CRJ200 from Delhi to Umroi and back, immediately tenders will be floated i.e. , bidding process will be initiated. 12. In short, there has to be a clear commitment on the part of Zoom Air i.e., complete willingness to operate CRJ200, only then tenders will be floated, so respondent No. 21 has to make a clear commitment which means unconditional commitment for operating flight CRJ200 from Delhi Umroi Airport and back. 13. Learned counsel for the respondent No. 21 submits that it is not clear to Zoom Airways as to what is the extent of subsidies available under the Scheme Regional Connectivity Scheme-UDAN (Sector Delhi/Hindon-Shillong), he shall be at liberty to have instruction from the Ministry of Civil Aviation. Learned ASG will inform the concerned authority to make the position clear to the representative of Zoom Air preferably within five days time. Post on 03-05-2019.