High Court in Delhi puts a halt to NHAI's recruitment process using CLAT PG exam scores
The Delhi High Court has imposed a stay on the National Highways Authority of India's (NHAI) recruitment process for lawyers, following concerns expressed by the Court about the use of Common Law Admission Test (CLAT) Post Graduate (PG) exam scores for employment purposes.
In a hearing led by the Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, the Court questioned the use of CLAT PG scores as a selection criterion for employment, stating that it should not be used as a mode of selection. The Court's decision comes in response to a public interest litigation (PIL) petition filed by a practicing advocate named Shannu Baghel.
The NHAI is seeking to engage 44 Young Professional (Legal) candidates based on scores from CLAT 2022 and subsequent editions of the postgraduate law admissions test. However, the Court expressed concern that these scores were intended for assessing suitability for higher studies, not employment.
Justice Gedela also expressed concerns about the use of CLAT PG scores as an eligibility criteria for the NHAI's recruitment process, as it allegedly unfairly excludes several classes of persons, including fresh graduates, practicing advocates, and candidates who appeared for CLAT PG before 2022.
Standing Counsel Ankur Mittal with advocate Rabaica Jaiswal appeared for the NHAI, arguing that while selection will be based on CLAT scores, it will also consider a candidate's experience in arbitration and a personal interview component. However, Advocate Ankur Mittal's arguments did not sway the Court, and the recruitment process will remain stayed until the Court's verdict is announced.
Advocates Aakash, Saksham Kumar, Vikas, Ganpat Ram, and Yash Chaudhary appeared for the petitioner Advocate Shannu Baghel, while Advocates Monika Arora, Neha Sharma, and Karnika Bahuguna appeared for the Union of India.
During the hearing, the Court asked Additional Solicitor General Chetan Sharma if the Delhi High Court Bar Association could assist the NHAI in recruiting lawyers. Sharma agreed with the Court that CLAT PG scores cannot be used as a criterion for the recruitment of lawyers.
The petition alleges that the recruitment process for lawyers by the NHAI is arbitrary and irrational as it only considers candidates who appeared in CLAT 2022 and onward PG, excluding other law graduates and practicing advocates. The Court ordered that the NHAI shall not proceed with its recruitment advertisement until the Court's judgment is pronounced.
The Delhi High Court will pronounce its verdict on the plea challenging the NHAI notification in due course. The stay on the recruitment process will remain in effect until then.
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