Delhi HC Rejects NHAI Notification On Recruiting Lawyers Based On CLAT-PG Score

Sexual Abuse Case

The Delhi High Court on Wednesday struck down the National Highways Authority of India’s (NHAI) decision to use CLAT-PG scores as the basis for hiring young legal professionals.

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela allowed a petition challenging NHAI’s August 11 notification, declaring, “The writ petition is allowed. Resultantly, the recruitment criteria given in the notification is quashed.”

The court’s detailed judgment is awaited.

Court’s Observations

The case had been under judicial scrutiny since September 18, when the High Court stayed the notification, observing that there appeared to be “no rationale” behind linking CLAT-PG scores to public employment.

The bench had earlier noted that the Common Law Admission Test (Post Graduate) is designed to test eligibility for higher studies in law, not to determine suitability for government recruitment.

Petitioner’s Challenge

The petition was filed by lawyer Shannu Bahgel, who argued that NHAI’s notification was arbitrary and discriminatory.

According to the plea, CLAT-PG scores from 2022 onwards were being used as the sole basis of recruitment, thereby excluding a vast pool of otherwise eligible law graduates and practicing advocates.

“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 petition stated.

The petitioner emphasized that the purpose of CLAT-PG is strictly academic — assessing merit for admission to master’s programmes in law — and not intended for determining eligibility in public employment.

NHAI’s Defence

NHAI’s counsel defended the move, saying that CLAT-PG scores served as a fair benchmark to evaluate a candidate’s legal acumen. The authority argued that while CLAT results formed the basis of shortlisting, professional experience was also given weightage during the recruitment process.

The August 11 notification had invited applications for the engagement of 44 young professionals on the strength of their CLAT-PG scores from 2022 and subsequent years.

Court’s Ruling

The court, however, disagreed with NHAI’s rationale. By setting aside the notification, the court made it clear that entrance exams for academic courses cannot be equated with recruitment criteria for public employment.

The ruling ensures that recruitment opportunities within NHAI remain open to all law graduates and practising advocates, not just those who appeared for CLAT-PG in recent years.

The verdict underscores an important principle in public service recruitment: eligibility criteria must have a rational connection to the job being offered.