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2025 Supreme(Online)(Del) 6997
IN THE HIGH COURT OF DELHI AT NEW DELHI
DEVENDRA KUMAR UPADHYAYA, C, Tushar Rao Gedela, JJ
SHANNU BAGHEL – Appellant
Versus
UNION OF INDIA & ANR. – Respondent
W.P.(C) 13490/2025
For the Appellants/Petitioners: Mr. Shannu Baghel, Mr. Ganpat Ram, Mr. Gorang Goyal, Mr. Aakash, Mr. Saksham Kumar, Ms. Disha Gutpa, Mr. Shubham Prajapati, Mr. Jitendra Kumar
For the Respondents: Dr. Manika Aroa, Mr. Subhro Deep Saha, Mr. Prabhat Kumar, Ms. Anamika Thakur, Mr. Abhinav Verma, Ms. Neha Sharma, Ms. Karnika Bhargava, Mr. Ankur Mittal, Ms. Rabaica Jaiswal
Recruitment criteria based solely on academic examination scores must demonstrate rational connection to job requirements to avoid violation of constitutional rights.
Headnote:(A) Constitution of India - Articles 14 and 16 - Recruitment criteria - The notification by NHAI for the engagement of Young Professional (Legal) prescribes selection based solely on CLAT (PG) score; this is challenged as arbitrary, violating fundamental rights, lacking rational basis. The court held that employing CLAT scores for public employment does not align with its intended use for academic assessments, which may lack relevance to public sector job requirements. Discussion involved principles from landmark judgments affirming the need for rational connection in selection criteria. (Paras 1-34).
(B) Judicial Review - Matters of recruitment and employment fall within employer's discretion, but arbitrary policies lack judicial protection. (Paras 9-14).
Facts of the case:
The petitioner challenged NHAI's recruitment criteria based solely on CLAT (PG) scores, claiming it discriminated against equally meritorious candidates lacking a CLAT score post-2022.
Findings of Court:
The Court established that selection criteria must exhibit rationality and not arbitrary classification violating constitutional provisions.
Issues: The court focused on the rational nexus required between selection criteria and objectives of employment in public sectors.
Ratio Decidendi: Recruitment is permissible as long as it is not arbitrary or without a logical connection; reliance on CLAT (PG) was found wanting in this regard.
Result: The impugned recruitment criteria were quashed as being unconstitutional and arbitrary.
| Table of Content |
|---|
| 1. the petition challenges nhai recruitment criteria based on academic scores. (Para 1 , 2) |
| 2. challenge to recruitment criteria based on clat scores. (Para 3 , 4 , 5) |
| 3. arguments supporting and criticizing recruitment criteria. (Para 6 , 8 , 9 , 22 , 25) |
| 4. nhai defends criteria, asserting clat-pg demonstrates legal aptitude. (Para 10 , 19) |
| 5. court examines employer discretion and need for rational connections. (Para 11 , 14 , 33 , 35) |
| 6. court's conclusion on recruitment criteria being arbitrary. (Para 17 , 26) |
| 7. court quashes criteria as unconstitutional for lacking rational nexus. (Para 27) |
JUDGMENT
DEVENDRA KUMAR UPADHYAYA, C.J.
1. The proceedings of this writ petition under Article 226 of the Constitution of India has been instituted by an advocate practicing before this Court taking exception to the notification issued by the National Highways Authorities of India (hereinafter referred to as “the NHAI”) on 11.08.2025 for engagement of Young Professional (Legal) on contract basis insofar as the said notification prescribes the recruitment criteria “on the basis of merit in CLAT (PG) score – 2022 onward”
2. Heard learned counsel for the parties and perused the record available before us on this writ petition.
3. It has been argued on behalf of the petitioner that the impugned notification violates Article 14 and 16 of the Constitution of India , stating the reason that selection based only on CLAT (P G) –2022 score is arbitrary and excludes equal or more meritorious law graduates who appear for law entrance examinations for pursuing their post-graduate law courses.
4. Further submission on behalf of the petitioner is that there does not exist any rationale linking CLAT (PG) score to the suitability for employment in NHAI. Citing the judgment of the Hon’ble Supreme Court in State of Kerala v. N.M. Thomas , (1976) 2SCC 310, it has been argued that any selection criteria in public employment must have a rational nexus to the object sought to be achieved.
5. It has also been argued that by confining the selection to the post in question only to CLAT (PG) score, the opportunity for fresh graduates who are practicing advocates or candidates who qualify in CLAT (PG) examination before the year 2022 stands foreclosed, and therefore, the impugned criteria for recruitment/ selections is arbitrary.
6. Resisting the prayers, a short counter affidavit has been filed on behalf of the NHAI stating the following reasons and justifying adoption of the CLAT (PG) score as the basis of making selection to the posts in question:
6.1. CLAT-PG is a national level standardized examination conducted by a Consortium of National Law Universities which is widely accepted as the most credible test for judging the legal aptitude for post-graduate courses.
6.2. The Consortium of National Law Universities has clearly stated on its web page that several universities and organizations use the CLAT scores for admission and recruitment respectively.
6.3. CLAT-PG though is an examination for the purposes of offering admissions in postgraduate law courses, however it also serves a reasonable benchmark to appreciate and understand the legal acumen of a qualified LL.B candidate who appears in the said examination.
6.4. The syllabus of CLAT-PG examination covers a wide spectrum of substantive and procedural laws.
6.5. The question paper in CLAT- PG examination contains questions which are comprehension-based, are drawn from judicial decisions, statutes and legal texts which also requires candidates to demonstrate reading comprehension, analytical reasoning, and application of law to factual situations.
6.6. CLAT- PG examination is thus, not an academic test in isolation but is also a reasonably practical measure of legal comprehension and reasoning ability.
6.7. CLAT-PG score has been adopted as criteria for selection in order to ensure a uniform, transparent, and merit based assessment.
6.8. Reliance on CLAT-PG score avoids subjectivity and ensures equal opportuni
