CLAT PG Score Can't Be Adopted For Offering Public Employment: Delhi High Court

The Delhi High Court on Wednesday ruled that the score of Common Law Admission Test (CLAT) PG cannot be adopted for offering public employment. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said that the criteria determining eligibility for pursuing higher courses- post graduation, and the criteria for adjudging suitability for public employment cannot be equated with each other. “Suitability for public employment may demand certain qualities which may or may not be necessarily required to be fulfilled by a candidate who is desirous of pursuing higher studies,” the Court said. “….even if the syllabus of CLAT (PG) covers various substantive procedural laws, the same, in our opinion, does not justify adopting the score in CLAT (PG) examination for the purposes of offering employment,” it added. The Bench made the observations while allowing a PIL challenging National Highways Authority of India's (NHAI) August 11 notification which made CLAT-PG scores a basis for recruiting lawyers. The Court observed that the reasons given by the NHAI for adopting CLAT (PG) score as the basis for carrying out recruitment to the post in question did not legally justify their stand. It added that while CLAT (PG) is a nationally recognized examination, however, the same is conducted for making admission to Post Graduate courses and not for offering public employment.“Accordingly, because certain other organizations including the public sector undertakings, have been adopting CLAT (PG) score as basis for offering employment, is not a justification, for the reasons as discussed above, for the NHAI to prescribe the impugned recruitment criteria,” the Court said. The Bench held that prescription relating to recruitment criteria of NHAI on the basis of merit in CLAT (PG) score did not have any rational basis and lacked the logical nexus with the object sought to be achieved and was also hit by Article 14 and 16 of the Constitution of India.Further, the Bench noted that some of the universities hold their own selection by subjecting the candidates desirous of pursuing post graduate courses in law to written examination or interview etc whereas in some of the universities, suitability of candidates is adjudged on the basis of their marks obtained by them in their bachelor‟s degree course.“Accordingly, if the impugned recruitment criteria is to be upheld, the same would be discriminatory vis-à-vis those candidates who do not take CLAT(PG) Examination but participate in selection procedure adopted by other Central or State Universities,” the Court said.“In view of the reasons given and discussions made above, we are fully convinced that the impugned "recruitment criteria" where selection for appointment to the post in question is to be made on the basis of merit in CLAT (PG) score – 2022 onwards, is legally not tenable being hit by Article 14 and 16 of the Constitution of India,” it added. The public interest litigation was filed by lawyer Shannu Baghel. The plea stated that any score of a candidate in the Common Law Admission Test- (Post Graduate) cannot be made basis of public employment.It was contended that the CLAT-PG examination is conducted only for assessing the merit of the respective candidates holding LL.B Degree to pursue master's degree in law.Title: Shannu Baghel v. Union of India & AnrClick here to read order

CLAT PG Score Can't Be Adopted For Offering Public Employment: Delhi High Court

Nupur Thapliyal

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