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Delhi High Court Puts NHAI in the Dock: “CLAT PG Is for LL.M, Not for Jobs”

The Delhi High Court has raised sharp questions over the National Highways Authority of India’s decision to recruit its legal professionals based on CLAT Post Graduate (PG) scores.

The issue came up while hearing a plea filed by Delhi-based lawyer Shannu Baghel, who challenged NHAI’s August 11 notification inviting applications for 44 Young Professional (Legal) posts. The notification restricted eligibility to candidates who had appeared in CLAT PG 2022 or later, effectively sidelining a wide pool of qualified law graduates and practicing advocates.

During Thursday’s hearing, a Division Bench led by Chief Justice Devendra Kumar Upadhyaya, with Justice Tushar Rao Gedela, made it clear they weren’t convinced by NHAI’s justification.

“The CLAT PG exam is designed to test merit for higher studies, not public employment,” the Bench observed. “How can an exam created for one purpose be stretched to serve an entirely different object?”

The judges also flagged constitutional concerns. “LLB is the eligibility. This is public employment. Such a clause strikes at Article 16. If you need a test, conduct your own. Hand it over to the Delhi High Court Bar Association—they’ll do it for free,” the Chief Justice quipped.

NHAI’s counsel tried to soften the blow, clarifying that CLAT scores weren’t the only criteria—experience in arbitration and a personal interview would also weigh in. Still, the Court’s skepticism was evident.

The petitioner has argued that the notification is arbitrary, discriminatory, and unconstitutional. By tethering recruitment to CLAT PG from 2022 onward, the rule effectively shuts out law graduates from earlier batches, practicing lawyers, and even fresh graduates who never took CLAT PG at all.

The plea contends that the criteria violate Articles 14, 16, and 21 of the Constitution, pointing out that CLAT PG was never meant to be a hiring exam—it exists solely for admissions into LL.M programs.

The matter will now return for further hearing on September 8.

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