The compulsory condition for applicants to clear the Common Law Admission Test to be eligible for the post of Assistant Law Officer at the National Thermal Power Corporation Limited is discriminatory on its face value, the Kerala High Court observed. The Bench of Justice VG Arun opined that there appears to be no rational nexus in imposing such a condition as a pre-requisite for accepting applications of candidates.
Factual Background
The order came on a petition moved by a postgraduate student who is currently pursuing her LLM at the Cochin University of Science and Technology. The University is not part of the consortium of National Law Universities which means that she never had to appear for CLAT PG.
A notification calling for applicants to the post of Assistant Law Officer was issued by the NTPC. The petitioner claims to have the notified qualification of 60 per cent marks in LLB and registration with the Bar Council. However, the selection process is confined to candidates who have appeared for CLAT PG 2021, which prompted the petitioner to approach the Court.
Case of the Petitioner
The petitioner argued that being a public sector undertaking falling within the definition of Article 12 of the Constitution, the NTPC cannot shut out the chances of persons like the petitioner, merely for the reason that she is pursuing her Post Graduation programme in a University that is not the part of the consortium of National Law Universities.
It was contended that there is no rational nexus between the objective that is sought to be achieved by imposing such a condition since the CLAT is meant for assessing the academic brilliance of students, however, NTPC is seeking to select the best legal professionals of all, irrespective of the University one graduated from.
Emphasis was made on the decision of the Supreme Court in Ltd.Col. Nitisha and others v. Union of India and others, to strengthen the contention that the imposition of such restrictive conditions amounts to clear discrimination.
Observation of the Court
Justice VG Arun opined that there appears to be no rational nexus in imposing such a condition as a pre-requisite for accepting applications for candidates.
“I am of the prima facie opinion that the condition is discriminatory. The ancillary question is whether persons having requisite qualifications can be compelled to appear for the CLAT Post Graduation Programme as a condition precedent for accepting their applications. Even if the CLAT exam conducted by the Consortium of National Law Universities is capable of selecting the brightest students, that is no justification for thwarting the career prospect of law graduates like the petitioner”, the Court said in its interim order.
Further, it was directed to the relevant authorities to accept the application to be submitted by the petitioner, subject to the final outcome of this case.
Case Details
Before: Supreme Court
Case Title: Aishwarya Mohan v. Union of India
Coram: Hon’ble Mr. Justice VG Arun
Read Order@LatestLaws.com
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