Delhi HC stays legal recruitment by NHAI, says process without rationale

New Delhi, Sep 18 (PTI) The Delhi High Court on Thursday stayed the National Highways Authority of India (NHAI) decision to recruit lawyers on the basis of CLAT scores, saying there seemed "no rationale" behind the process.

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela stayed the move while reserving its order on a petition challenging a NHAI notification making exam scores of Common Law Admission Test (CLAT) PG, a basis for recruitment of lawyers.

"We are concerned with the rationale. What is the nexus? You test them on credibility. The purpose of CLAT PG is for LLM. You cannot say that the persons who have set the paper have the acumen for evaluating for that purpose. You are not really testing if he will be a good staff. In your case there is no rationale," the bench said.

The NHAI counsel said the authority was testing a candidate's legal acumen by testing the scores.

"The sole reason is that the CLAT scores are a reasonable benchmark to understand," the counsel said.

The bench, however, said different purposes required different skills.

"Somebody may be employable somebody may be better to pursue higher studies. Why is this at all a component? It should not be. How do you make this an eligibility criteria, (something) without which one can't even participate. You are not fixing benchmark that whosover has participated in CLAT PG will be eligible. You are making selection on the basis of marks obtained. It is a mode of selection, not selection criteria for employment and not for further study. It is a recruitment criteria. It is not confined as eligibility criteria," the bench said.

The counsel said though the selection was made on the basis of CLAT scores, the authority also prioritised experience.

"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," the counsel said.

The court, however, told him, "This is no reason at all. We are not impressed by that. We will reserve. Till pronouncement you will not proceed with selection. Any amount of explaining will not do perhaps." The bench further pointed out that in the latest National Institutional Ranking Framework rankings, NLU Delhi stood second, but it was not part of CLAT PG.

"Why is not such a qualification included here? Somebody may not even be interested in taking NLUs," the bench asked.

The court pointed to the earlier bench's suggestion to entrust the selection to the bar association.

Additional Solicitor General Chetan Sharma said, "Bar association has to answer that. It can't be an employment benchmark." The bench then went on to reserve the verdict and held, "We provide that till judgment is pronounced, NHAI shall not proceed any further in pursuance of its recruitment advertisement." PTI UK AMK AMK