Telangana High Court stays CAT order quashing appointment of Jaiteerth Joshi as BrahMos DG

‘Better-suited candidate was selected’

Appearing virtually for the Union of India, Solicitor General of India Tushar Mehta submitted that a longer tenure was one of the considerations in the candidate’s selection as the successful candidate who was selected has six years of residual service as compared to the original petitioner (Dr Naidu), who has 17 months left in service.

While the primary contention of Dr Naidu is that he is senior to Dr Joshi and was a distinguished scientist, Mehta argued that both the candidates were in the rank of Scientist-H (which was one of the basic criteria for qualification) at the time of the advertisement notification and to choose a distinguished scientist (due to mere availability of one) over the others is neither part of the advertisement or the standard operating procedure (SOP).

Further, Mehta argued that the SOP for selection to the DG’s post is clear that the aim was to identify the most suitable candidate and not the most senior or meritorious one, with high technical acumen, profound managerial and leadership capability, who can lead from the front to achieve organisational objectives. He stressed that there is no allegation of either favouritism or malafide in the original petition before the CAT. The selection, he added, was based on the subjective satisfaction of the highest-ranking authority based on a procedure followed.

Senior counsel S Niranjan Reddy, representing Dr Joshi, said the DG’s post was a strategic and sensitive post of national interest and argued that someone (Dr Naidu) cannot claim that he has more than the essential qualifications and hence was more qualified. He (Dr Naidu) may be more qualified as a scientist, but not necessarily the most suitable candidate for the varied nature of the job, Reddy said.

The Hyderabad bench of CAT, while setting aside the appointment of Dr Joshi, had directed the respondents (Centre, DRDO and others) to reconsider Dr Naidu’s claim for the post of BrahMos DG within a period of four weeks of the receipt of the order. Till a decision was taken on the appointment, the bench directed the respondents to arrange an in-charge to head BrahMos other than Dr Joshi.

The division bench stayed this operative part of the CAT order and adjourned the matter for further hearing.