Will Reconsider Use of CLAT-PG Scores for Lawyer Recruitment: NHAI tells Delhi HC

The Delhi High Court on Monday, September 8, 2025, took up a plea contesting the validity of a National Highways Authority of India (NHAI) notification that prescribes CLAT-PG scores as a criterion for the recruitment of its legal officers.

Appearing before a division bench comprising Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela, counsel for the NHAI informed the court that the authority would reconsider its decision to make CLAT-PG scores a basis for recruiting lawyers.

The counsel also stated that the deadline for applications has been extended to September 25 and that the authority will reconsider the impugned notification. The matter will now be taken up on September 18.

The petition has been filed by Advocate Shannu Baghel, who has argued that the purpose of selection pursuant to the impugned notification dated August 11, 2025, is not to pursue a master’s degree in law, but rather to provide services as a legal professional. The submission is that 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.

Before the High Court, it was further submitted that any score of a candidate in the Common Law Admission Test 2022 (Post Graduate) cannot be made the basis of public employment, since the CLAT-PG is conducted only for assessing the merit of law graduates holding an LL.B. degree to pursue a master’s degree in law.

At the previous hearing, Santosh Kumar, standing counsel representing the NHAI, had requested that the matter be adjourned in order to seek instructions.

The impugned notification states that “National Highways Authority of India (NHAI), an Autonomous Body under Ministry of Road Transport & Highways, invites applications from candidates holding Degree in Law from a recognized University/National Law School/Institute, for engagement of 44 Young Professional (Legal) on contract basis for deployment at NHAI Offices across the country. The selection shall be made on the basis of merit in Common Law Admission Test (CLAT), 2022 onward (Post Graduate) Score. Such engagement shall be purely on contractual basis.”

The petitioner has submitted that the impugned notification restricts 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 is argued, is arbitrary, unreasonable, and discriminatory, violating Articles 14, 16 and 21 of the Constitution.

Reliance has been 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 has further been argued that by confining selection only to CLAT-PG 2022 onward scores, NHAI has foreclosed the opportunity for fresh graduates, practising advocates, candidates of other years, and those who appeared in CLAT-PG before 2022. The plea states that the impugned notification thereby arbitrarily excludes similarly qualified advocates, including those practising in courts, who may be equally or better suited.

The plea also contends that the notification violates the principles of natural justice, as it denies fair consideration to all eligible candidates.

The petitioner has 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. A further prayer has been made for directions to the respondents to frame a fair, transparent, and reasonable recruitment process open to all eligible law graduates, without restricting it to a single entrance examination.

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 Versus UNION OF INDIA & ANR

Hearing Date: 8 September 2025

Bench: Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela