Hyderabad: In a move that has taken authorities by surprise, a Hyderabad bench of the Central Administrative Tribunal (CAT) has quashed the appointment of Dr. Jaiteerth R. Joshi as Director General (DG) of BrahMos Aerospace, an Indo-Russian joint venture behind the BrahMos supersonic cruise missile. Joshi had assumed office on December 1, 2024.
The tribunal’s ruling followed an appeal by Dr. Sivasubramanyam Nambi Naidu, a Distinguished Scientist at the Defence Research and Development Organisation (DRDO), who argued that his seniority, merit, and experience were overlooked in the appointment process.
CAT Orders Reconsideration Within Four Weeks
The CAT bench directed the Ministry of Defence (MoD) and DRDO to reconsider Naidu’s claim for appointment as DG BrahMos within four weeks from receipt of the order. Until a decision is taken, an “in-charge arrangement” is to be made for the post, but Joshi cannot hold this temporary charge.
The tribunal noted “manifest arbitrariness” in the selection of Joshi, emphasizing that seniority, promotion, and pay level—earned through long service, hard work, and integrity—cannot be disregarded in government service.
“Merely fulfilling minimum eligibility criteria will not make one entitled for the selection. Though the DRDO chief is competent to select one among the three candidates recommended by the Selection Committee, the selection cannot be arbitrary,” the CAT order stated.
Naidu Claims Seniority and Merit Overlooked
Dr. Naidu, promoted to the highest scientific grade of Distinguished Scientist (Pay Level-16) on October 7, 2024, argued that he was the senior-most eligible candidate and top-ranked in merit, while Joshi, then an Outstanding Scientist (Pay Level-15), was junior in rank and experience.
Naidu pointed out that he topped the shortlist of candidates in both seniority and merit but was overlooked in the appointment finalized on December 1, 2024. Eight scientists had applied for the DG position, including two Distinguished Scientists and six in the Scientist ‘H’ category. The tribunal criticized the alphabetical listing of candidates in the selection committee minutes, noting no rules supported this practice.
Selection Process Reviewed
The Ministry of Defence had earlier outlined the selection procedure before CAT:
- Eligible scientists submitted applications as per the advertisement.
- A panel led by the Chairman, Recruitment and Assessment Centre (RAC), along with representatives from IIM Visakhapatnam, DIAT, and DRDO HQ, screened applications and interviewed candidates.
- The selection committee shortlisted three names and recommended them to the Secretary, DDR&D and Chairman, DRDO.
- The DRDO Chairman subsequently selected Joshi and issued the appointment order on November 22, 2024.
The MoD noted that the DRDO Chairman, as head of service, has the authority under Rule 10 of DRDS Rules, 2023, to deploy any senior scientist as DG even without advertisement or following the selection process, though the usual procedure is followed for transparency.
Potential Implications and Reactions
Sources within the Defence Ministry suggested that the CAT order might impact other senior-level appointments, though officials clarified that it cannot be treated as a precedent.
A government official remarked, “If only the senior-most becomes the head, then why have a selection process from a pool of eligible candidates?”
The tribunal’s decision highlights the importance of considering seniority, pay level, and merit in high-profile appointments, reinforcing accountability and fairness in government selection processes.
Legal Recourse
The CAT order can be challenged in the High Court under whose jurisdiction the bench falls, via a writ petition. At this time, it remains unclear whether the government will challenge the ruling.
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