Delhi High Court stays NHAI legal recruitment through CLAT PG score
The Delhi High Court on Thursday stayed the National Highways Authority of India's (NHAI) move to recruit lawyers by factoring in Common Law Admission Test (CLAT) Post Graduate (PG) exam scores secured from 2022 onwards [Shannu Baghel vs Union of India & Anr.].
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela also reserved its verdict in the matter.
The recruitment process will remain stayed until the Court pronounces its verdict on the plea challenging the NHAI notification.
"Heard, judgment reserved. We provide that till judgment is pronounced, NHAI shall not proceed any further in pursuance of its recruitment advertisement," the Court ordered.
The Court today again questioned how such exam scores could be used for employment purposes, when they were envisioned to help assess whether a candidate is suited to pursue higher studies.
"You are giving weightage to the scores. Somebody may be employable, somebody may be better to pursue higher studies. Why is this at all a component? It should not be. You are not fixing a benchmark. You are making selection on the basis. It is a mode of selection, not selection criteria for employment, not for study purpose. No explanation will help now…," the Chief Justice stated.
Justice Gedela also made similar observations, pointing out that the purpose of the CLAT PG exam is to assess the candidate's suitability for pursuing a master's in Law and not for the legal recruitment of a law graduate.
"You cannot say that the persons who have set the paper have the acumen for evaluating for recruitment purposes. How do you make this an eligibility criteria without which one can’t even participate?" Justice Gedela asked.
The Court was hearing a public interest litigation (PIL) petition 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 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 added.
It also stated that the notification has unfairly excluded several class of persons, such as fresh graduates, practicing advocates, and candidates who appeared for CLAT PG before 2022.
The NHAI's counsel, Advocate Ankur Mittal, today countered that CLAT scores are not the sole recruitment criterion. Selection will also depend on the experience a candidate holds in arbitration, in addition to a personal interview component, he argued.
"I make selection on the basis of CLAT scores, but I do give importance to experience as well. I have a specific column in my application form, asking for experience in contractual matters. Any prospective candidate who wishes to apply knows that this is a practice most of the PSUs are using this method," he told the Court.
"This is no reason at all. We are not impressed by that. We will reserve. Till pronouncement you will not proceed with selection," the Chief Justice replied.
The Court also 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.
Advocates Aakash, Saksham Kumar, Vikas, Ganpat Ram and Yash Chaudhary appeared for the petitioner Advocate Shannu Baghel, who also appeared personally.
Advocates Monika Arora, Neha Sharma and Karnika Bahuguna appeared for the Union of India.
Standing Counsel Ankur Mittal with advocate Rabaica Jaiswal appeared for the NHAI.
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