HYDERABAD: A Division Bench of the Telangana High Court, comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin, on Wednesday granted interim suspension of the order passed by the Central Administrative Tribunal (CAT), Hyderabad Bench, dated December 29, 2025, which had quashed the appointment of Dr Jaiteerth R. Joshi as Director General (DG) of the Indo-Russian joint venture BrahMos.
The Bench granted four weeks’ time to the respondents to file their counters and two weeks thereafter for filing reply counters.
The Court was hearing a batch of two writ petitions filed by the Union of India, represented by the Secretary, Ministry of Defence, and by Dr Jaiteerth R. Joshi, challenging the CAT’s decision.
Solicitor General of India Tushar Mehta, appearing for the Union of India, submitted that the applicant before the CAT, Dr Sivasubramaniam Nambi Naidu, had only 17 months of residual service, whereas Dr Joshi had a substantially longer service tenure of about six years, which was essential for BrahMos, a long-term strategic project.
He contended that Dr Joshi’s appointment was duly considered by the competent appointing committee, comprising the Secretary, Department of Defence Research and Development, and the Chairman, DRDO, who were vested with the discretion to make such appointments. The selection, he argued, was based on suitability and merit, and not merely on seniority.
The Solicitor General further submitted that the selection committee had interacted with candidates and shortlisted three eligible scientists, including Dr Nambi Naidu and Dr Joshi. The Chairman of DRDO had the discretion to select the most suitable candidate, and the post of DG, BrahMos, could not be treated as a routine service matter.
It was also pointed out that Dr Joshi is an Outstanding Scientist who was appointed as Scientist ‘H’ in July 2023, and that the notification clearly prescribed Scientist Grade ‘H’ as the eligibility criterion for the post of DG, BrahMos. The CAT, it was argued, had committed a grave error in interfering with the appointment.
Senior Counsel S. Niranjan Reddy, appearing for Dr Joshi, submitted that BrahMos is a sensitive Indo-Russian joint venture, with India holding 50.5 per cent of the shares and the Russian entity 49.5 per cent, rendering the entire selection process confidential.
He stated that the selection was conducted strictly in accordance with the Service Rules, 2022, under which a Scientist Grade ‘H’ was eligible for consideration. The committee evaluated candidates on parameters such as technical expertise, leadership ability, management skills and corporate competence, and selected the most suitable candidate.
Senior Counsel argued that there were no allegations of mala fides or favouritism, and that the CAT had erred in substituting its own assessment for that of an expert selection committee. Drawing parallels with appointments to constitutional and other high public offices, he contended that suitability, and not hierarchy alone, governs such selections, warranting interference with the CAT’s order.
Opposing the petitions, Senior Counsel for Dr Nambi Naidu submitted that the applicant is a Distinguished Scientist with DRDO, holding Level 16, and had completed the requisite six-year residency period as an Outstanding Scientist by 2023, which was a qualitative requirement for appointment as DG.
In contrast, it was argued, Dr Joshi, though an Outstanding Scientist at Level 15, was appointed as Scientist ‘H’ only in July 2023 and had not completed the stipulated residency period. Although both candidates secured equal marks of 80, the applicant’s higher rank as a Distinguished Scientist placed him on a superior footing, and his non-selection was arbitrary, counsel contended.
After hearing the rival submissions, the Division Bench suspended the operation of the CAT’s order dated December 29, 2025, and directed the respondents to file their counters within four weeks, with liberty to file reply counters within two weeks thereafter. The matter was directed to be listed after completion of pleadings.
