How can CLAT PG score be criterion to recruit NHAI lawyers? Delhi High Court asks

A petition has been filed before the Delhi High Court challenging the validity of a National Highways Authority of India (NHAI) notification, which makes scores secured in the Common Law Admission Test (CLAT) Post Graduate (PG) exam a selection criterion for the recruitment of its lawyers [Shannu Baghel vs Union of India & Anr.]. 

The matter was briefly heard yesterday, when a Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela orally observed that the rationale of the CLAT PG exam is to assess merit for pursuing higher studies and not for public employment. 

“The submission that PSU is offering employment on CLAT score will not persuade us. The rationale (of CLAT PG) is to assess merit for higher studies. Here you are not offering higher studies but seeking professional service," the Bench remarked.

The Court added,

“An examination the purpose of which is entirely different.. How can that be put to service to achieve another object?”

The Chief Justice further observed that such notification hits Article 16 of the Constitution (equality of opportunity in matters of public employment).

“How can this exam be a qualification? LLB is eligibility. It is a public employment, such a provision hits Article 16. Conduct your own exam, entrust it to DHCBA, they will conduct it for you free of cost," he suggested.

The NHAI counsel, Advocate Santosh Kumar, submitted that CLAT scores are not the sole recruitment criteria.

Selection will also depend on the experience a candidate holds in arbitration, in addition to a personal interview component, he said.

The Court will hear hear the matter next on September 8, Monday.

The public interest litigation (PIL) petition before the Court has been filed by a practicing advocate in Delhi named Shannu Baghel.

Baghel has challenged NHAI’s August 11, 2025 notification seeking engagement of 44 Young Professional (Legal) candidates on the basis of scores secured in CLAT 2022 and subsequent editions of the post graduate law admissions test.

Baghel has contended that CLAT PG scores cannot be made the basis of selection for public employment. 

He points out that the CLAT PG exam is conducted only to assess the merit of a law graduate to pursue a master’s degree in law, while the NHAI is now seeking working professionals on the basis of the exam. 

The petitioner has contended that the NHAI notification is arbitrary and unreasonable as it restricts public employment to NHAI only for candidates who appeared for CLAT PG for the year 2022 onwards.

“The recruitment is restricted only to candidates who appeared in CLAT 2022 and onward PG , ignoring all other law graduates and practicing 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 petition states.

It adds that the notification has unfairly excluded several class of persons such as, fresh graduates, practicing advocates, candidates appearing for CLAT PG before 2022.

“By confining selection only to CLAT-PG 2022 onward (PG) score, NHAI has foreclosed the opportunity for fresh graduates, practicing advocates, or candidates of other years, and candidates who appeared before CLAT PG 2022, this impugned notification completely arbitrary, unreasonable, and discriminatory, violating Article 14, 16 and 21 of the Constitution. CLAT -PG is designed for LL.M admissions, not for recruitment to professional posts," the petitioner argues.

Petitioner-in-person Advocate Shannu Baghel with advocates Aakash, Saksham Kumar, Vikas, Ganpat Ram and Yash Chaudhary.

Advocates Monika Arora, Neha Sharma and Karnika Bahuguna appeared for the Union of India. 

Standing Counsel Santosh Kumar with advocate Adithya Raman appeared for NHAI. 

[Read September 3 Order]