New Delhi: The Delhi High Court on Wednesday set aside a notification issued by the National Highways Authority of India (NHAI) that made scores of the Common Law Admission Test for Post-Graduate courses (CLAT-PG) the basis for the recruitment of lawyers.

A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela allowed a petition challenging the NHAI’s August 11 notification. “The writ petition is allowed. Resultantly, the recruitment criteria given in the notification is quashed,” the bench stated while pronouncing its judgment. The detailed judgment is awaited.

The court’s verdict followed a plea contesting the NHAI notification which mandated the use of CLAT-PG scores for legal recruitment. On September 18, the court had stayed the notification, observing that there appeared to be “no rationale” behind the recruitment process based on CLAT-PG scores.

The petition was filed by Shannu Bahgel, a lawyer, who argued that CLAT-PG scores cannot legally form the basis for public employment. Bahgel contended that the CLAT-PG exam is designed solely to assess the merit of LLB degree holders seeking admission to master’s degree programs in law, not for selection in government jobs.

He further submitted that the purpose of recruitment under the August 11 notification was to engage legal professionals to provide services, not for candidates to pursue higher studies. “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 bench had earlier observed that the rationale behind the CLAT-PG exam was to measure merit for higher education and not for public employment purposes.

In response, the NHAI’s counsel defended the notification, stating that the authority sought to test a candidate’s legal acumen through CLAT-PG scores. The counsel argued that CLAT scores provided a reasonable benchmark for assessing candidates. He also emphasized that while the selection was primarily based on CLAT results, candidates’ experience was also taken into consideration.

The petitioner challenged the NHAI’s directive to engage 44 young professionals solely on the basis of scores obtained in CLAT 2022 and subsequent editions of the postgraduate law admissions test. He argued that restricting recruitment to candidates who appeared for CLAT-PG from 2022 onwards was arbitrary and unreasonable.

“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 stated.

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https://www.freepressjournal.in/education/delhi-hc-quashes-nhai-notification-on-recruiting-lawyers-based-on-clat-pg-scores