Madras HC Upholds Centre's One-Year Contract Extension of DCGI

According to a recent media report in News18, the court upheld the Centre’s decision to retain the country’s apex drug regulator beyond the age of retirement on a one-year contractual basis, accepting the government’s explanation that the move was a temporary arrangement while recruitment rules for the post are being reviewed.

The case examined whether the central government acted lawfully in extending the DCGI’s tenure after the officer reached the age of superannuation, despite having advertised the vacancy and received multiple applications. The issue assumed importance because the DCGI heads India’s drug regulatory framework, with decisions that directly affect medicines, vaccines and medical devices used across the country.

In July 2024, the government issued an advertisement for the DCGI post and received 18 applications. However, instead of completing the recruitment process, the Centre placed the existing recruitment rules in abeyance and re-appointed the incumbent DCGI on a short-term contractual basis for one year, or until a regular appointment is made, whichever is earlier. This decision triggered a legal challenge questioning both the legality and propriety of the move.

The petitioner approached the Madras High Court through a writ of quo warranto, a legal remedy used to question whether a person is legally entitled to hold a public office. According to the petitioner, once the DCGI had attained the age of retirement, his continuation in office was unlawful. The challenge also questioned how the government could suspend recruitment rules and re-employ the same officer even after advertising the vacancy.

The Union government defended its decision by placing official records before the court. It stated that although 18 applications were received, only two candidates were found eligible after scrutiny by the selection committee. This, the authorities explained, was because the existing recruitment rules were too restrictive, requiring experience and qualifications in narrowly defined domains.

Given the limited pool of eligible candidates, the government decided to review and revise the recruitment framework to widen eligibility and attract a broader range of applicants. Until this exercise is completed, the Centre argued that continuity at the helm of the drug regulator was necessary in the interest of effective administration and public health.

The Madras High Court first addressed the maintainability of the quo warranto petition. It held that such a writ can succeed only if the appointee lacks eligibility or suffers from a legal disqualification. The bench noted that the petitioner had not questioned the DCGI’s qualifications or eligibility.

“There is no dispute raised by the petitioner on the eligibility of Dr Raghuvanshi to hold the position of DCGI,” the court observed, adding that his qualifications and entitlement to the post were never in doubt. On this basis, the court rejected the quo warranto challenge.

In the meantime, the Centre chose to ensure continuity in leadership. The extension order re-engaged the incumbent “on contract basis for a period of one year… or till the appointment of regular incumbent to the post… whichever is the earliest,” while placing the existing recruitment rules in abeyance.

Upon reviewing the official file notes, the bench concluded that the procedure adopted by the government was legally valid, reports News 18.

The court noted that “the mandate of Article 309 of the Constitution and the proviso thereunder, and the procedure as contemplated under FR and applicable Office Memorandum have been followed scrupulously,” and held that it was “well within the remit of the Appointments Committee to extend the appointment by way of a short term contractual appointment.”

Dismissing the petition, the Madras High Court upheld the February 28, 2025 order extending the DCGI’s tenure. It ruled that the Appointments Committee was within its authority to re-employ the incumbent on a short-term contractual basis as a stop-gap arrangement while recruitment rules are being reworked.

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