Delhi HC to hear plea against NHAI using CLAT-PG scores for lawyer jobs

The Delhi High Court will hear on September 8 a petition challenging a National Highways Authority of India (NHAI) notification 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, which recently heard the matter briefly, granted time to the NHAI's counsel to get instructions on the issue.

The court has listed the petition for further hearing on Monday.

According to the petition filed by Shannu Bahgel, a practising 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 LL.B 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 is 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 submitted.

The counsel for the NHAI urged the court to grant time to enable him to get instructions from the authorities.

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

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 cannot be made the basis of selection for public employment and argued that 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.