'No Suitable Successor': Govt Defends DCGI's Re-Employment, Says Move Backed By Public Interest
The government said there is no challenge to Raghuvanshi's eligibility and several other petitions, now dismissed as withdrawn, were raised to block the reappointment
The Union government has strongly defended its decision to re-employ Drugs Controller General of India (DCGI) Rajeev Singh Raghuvanshi after his superannuation, calling the legal challenge to the move 'malafide" and 'speculative".
The government has asserted that the appointment was made in public interest with the express approval of the Appointments Committee of the Cabinet (ACC).
The DCGI heads the Central Drugs Standard Control Organisation (CDSCO)—the country's apex health regulatory authority overseeing the regulation, manufacture, import, export, sale, and distribution of medicines, cosmetics, vaccines, and medical devices. As per an official notification from the Department of Personnel and Training (DoPT) under the Ministry of Personnel, Public Grievances and Pensions, Raghuvanshi has been re-appointed on a contractual basis for one year, effective from March 1, 2025—following his superannuation.
The government clarified that this extension would remain in effect until a regular appointment is made or until further orders, whichever is earlier. The re-employment was made by temporarily keeping the recruitment rules in abeyance. However, the decision has been legally challenged for allegedly bypassing established recruitment norms for a position of such critical regulatory importance.
In the official response submitted to a writ petition filed in the Madurai High Court, the Centre has questioned the locus standi and alleged that the petition was filed with 'ulterior motives and for extraneous reasons".
'The central government has claimed that the petition is not maintainable and told the court that the allegations of malafides or arbitrariness remain unsubstantiated, and the petitioner has not discharged the burden of proof," a senior official privy to the development told News18, requesting anonymity.
Raghuvanshi A 'Distinguished Scientist'
The re-employment of the DCGI—a post the government described as holding 'great importance for the Indian pharma market"—was made for a fixed period of one year or until the appointment of a regular incumbent, 'whichever is earlier".
The Centre has clarified that the rules were kept in 'abeyance temporarily" and this was permissible under existing DoPT guidelines.
The government has noted that there is no challenge to the eligibility of Raghuvanshi and mentioned that several other petitions, now dismissed as withdrawn, were also raised aimed at blocking the reappointment.
'The regular selection process is still ongoing. To maintain regulatory continuity and public health safeguards, the government made a short-term contractual re-employment in the interim," said the official, explaining the contents of the reply submitted to the court.
Noting that the post of DCGI is filled via deputation, including short-term contract and not through promotion, the government has clarified that restricting the appointment to promotion would create vested interests in such a 'highly technical and sensitive regulatory post".
Raghuvanshi, the Centre's reply stressed, is responsible for the quality, safety, and efficacy of drugs, cosmetics, and medical devices in the country, and also plays a key role in licensing imports, clinical trial approvals, and new drug introductions. Hence, it is the responsibility of the Union government to ensure that the person holding this post has the highest level of qualifications and experience. 'The reply calls Raghuvanshi a distinguished scientist having a credible record and achievements," the official said.
In-house officers not suitable
The government clarified that the post of DCGI is not a promotional position and is not filled from within the feeder cadre, but through deputation, including short-term contract (ISTC) as per the recruitment rules. It added that officials from within the organisation, provided they meet the eligibility criteria, are also free to apply.
The reply explained that in the past, one joint drugs controller had been appointed as DCGI on deputation, while another had held the position on an ad-hoc basis. However, at present, it said, none of the four serving joint drug controllers are considered suitable for regular appointment. 'Two officers do not meet the prescribed eligibility criteria, one is facing prosecution by the CBI under various charges including corruption, and the fourth — who had been posted to Hyderabad due to his wife's medical condition — was on extended leave for over 18 months and is reportedly not attending office regularly."
The reply also underscored that exceptional circumstances justified the decision and claimed the appointment was fully within the bounds of law.
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