Delhi HC quashes NHAI notification on recruiting lawyers based on CLAT-PG score

The Delhi High Court on Wednesday set aside a notification of the National Highways Authority of India (NHAI) making scores of CLAT-PG a basis for the recruitment of lawyers.

A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela allowed a petition challenging the August 11 notification of the NHAI.

"The writ petition is allowed. Resultantly, the recruitment criteria given in the notification is quashed," the Bench said while pronouncing its judgment. The detailed judgment is awaited.

The court's verdict came on a plea challenging a notification of the NHAI making scores of CLAT-PG a basis for the recruitment of lawyers.

On September 18, the court stayed the notification, saying there seemed “no rationale” behind the process.

According to the petition filed by Shannu Bahgel, a lawyer, any score of a candidate in the Common Law Admission Test 2022 (Post Graduate) (CLAT-PG) cannot be made the basis for public employment, as it is conducted only for assessing the merit of the respective candidates holding an LLB degree to pursue a master's degree in law.

It was argued on behalf of the petitioner that the purpose of selection, pursuant to the August 11 notification, was not to pursue a master's degree in law but to provide services of a legal professional.

"There does not appear to be any reasonable or rational nexus between the objects sought to be achieved and the basis of preparation of merit for such selection," the petitioner said.

The Bench had previously observed that the rationale of the CLAT-PG exam was to assess merit for pursuing higher studies and not for public employment.

The NHAI counsel had said the authority was testing a candidate's legal acumen by testing the scores.

The sole reason was that the CLAT scores were a reasonable benchmark to understand, the counsel had said, adding that though the selection was made based on CLAT scores, the authority also prioritised experience.

The petitioner challenged the NHAI's August 11 notification seeking engagement of 44 young professional candidates on the basis of scores secured in CLAT 2022 and subsequent editions of the post-graduate law admissions test.

He said CLAT-PG scores couldn't be made the basis of selection for public employment and argued the notification was "arbitrary and unreasonable" as it restricted public employment to the NHAI only for candidates who appeared for CLAT-PG for the year 2022 onwards.

"The recruitment is restricted only to candidates who appeared in CLAT 2022 and onward PG, ignoring all other law graduates and practising advocates who are otherwise fully qualified. The criteria of restricting selection exclusively on the basis of CLAT 2022 onward (post-graduate) score is arbitrary, irrational," the plea said.