Delhi HC Quashes NHAI Decision to Recruit Lawyers on Basis of CLAT PG Scores

The Delhi High Court on Wednesday, September 24, 2025, quashed the National Highways Authority of India’s (NHAI) decision to recruit lawyers based on Common Law Admission Test (CLAT) Post Graduate scores from 2022 onwards.

A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, while pronouncing the judgment today, held that the recruitment criteria based on the impugned notification is quashed.

A detailed copy of the judgment is awaited.

On September 18, the Delhi High Court reserved its order on a plea challenging the validity of NHAI’s notification prescribing CLAT PG scores as the sole criterion for the recruitment of its legal officers.

During the hearing, the Bench questioned the rationale behind the recruitment process and asked, “What is the nexus? You are testing them on credibility, but the purpose of CLAT PG is mainly for LLM admissions.”

Last week, NHAI’s counsel informed the Court that the authority would reconsider its decision to base recruitment on CLAT PG scores. The counsel also stated that the deadline for applications had been extended to September 25, while the impugned notification was under review.

The petition was filed by Advocate Shannu Baghel, who argued that the notification dated August 11, 2025, envisaged recruitment for professional legal services and not for academic pursuits. It was submitted that there was no reasonable or rational nexus between the objectives of public employment and using CLAT PG, which is an entrance test meant for admission to a master’s degree in law, as the basis for selection.

The plea contended that any candidate’s CLAT PG score could not serve as a basis for public employment since the examination was designed only to assess the merit of LL.B. graduates for pursuing higher studies.

The petitioner submitted that the impugned notification restricted eligibility for selection of candidates by imposing the condition that “The selection shall be made on the basis of merit in Common Law Admission Test (CLAT), 2022 onward (Post Graduate) Score.” This condition, it was argued, was arbitrary, unreasonable, and discriminatory, violating Articles 14, 16, and 21 of the Constitution.

Reliance was placed on the judgment in State of Kerala v. N.M. Thomas (1976) 2 SCC 310, to contend that any selection criteria in public employment must have a rational nexus to the objective sought to be achieved.

It was further argued that by confining selection only to CLAT-PG 2022 onward scores, NHAI had foreclosed the opportunity for fresh graduates, practising advocates, candidates of other years, and those who appeared in CLAT-PG before 2022. The plea stated that the impugned notification thereby arbitrarily excluded similarly qualified advocates, including those practising in courts, who might have been equally or better suited.

The plea also contended that the notification violated the principles of natural justice, as it denied fair consideration to all eligible candidates.

The petitioner therefore prayed that the court issue a writ of certiorari quashing the notification issued by NHAI on August 11, 2025, for engagement of 44 Young Professional (Legal) candidates, as arbitrary, discriminatory, and violative of Articles 14, 16, and 21 of the Constitution, and therefore unconstitutional and void.

For Petitioners: Mr. Shannu Baghel and Mr. Aakash, Mr. Saksham Kumar, Mr. Vikas, Mr. Ganpat Ram, Mr. Yash Chaudhary, Advs.

For Respondents: Ms. Monika Arora and Ms. Neha Sharma, Ms. Karnika Bahuguna, Advs. for R-1; Mr. Santosh Kumar, SC and Mr. Adithya Raman, Adv. for NHAI

Case Title: Shannu Baghel v. Union of India & Anr

Judgment Date: 24 September 2025

Bench: Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela