In a landmark ruling, the Delhi High Court on Wednesday quashed a National Highways Authority of India (NHAI) notification that used Common Law Admission Test (CLAT) Post-Graduate scores as a criterion for recruiting lawyers, declaring it lacked any rational basis and violated constitutional principles. The decision, delivered by a bench comprising Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela, came in response to a petition challenging the NHAI’s August 11 notification.

The court emphasized that CLAT-PG, designed for admission to postgraduate law programs, is unsuitable for assessing candidates for public employment. “Skills for employability may differ from those required for higher studies,” the bench observed, noting that the syllabus of CLAT-PG, while covering substantive and procedural laws, does not justify its use for hiring.

The court further argued that the policy discriminated against law graduates from central or state universities who do not take CLAT-PG, violating Articles 14 and 16 of the Constitution, which ensure equality and non-discrimination in public employment.

The petition, filed by lawyer Shannu Bahgel, challenged the NHAI’s notification for engaging 44 young professionals based on CLAT-PG scores from 2022 onward. Bahgel argued that the policy was arbitrary, as it excluded qualified law graduates and practicing advocates who did not appear for the exam, and lacked a logical connection to the objective of hiring legal professionals. The court had previously stayed the notification on September 18, citing an apparent lack of rationale.

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NHAI defended the policy, claiming CLAT-PG scores provided a reasonable benchmark for assessing legal acumen while also prioritizing experience. However, the court found no logical nexus between the recruitment criteria and the goal of hiring competent lawyers, deeming the policy legally untenable. The ruling sets a significant precedent, reinforcing that academic admission tests cannot be repurposed for public sector hiring without a rational basis.

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