AISHWARYA MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a Law Graduate, pursuing her post graduate studies (LLM) at Cochin University of Science and Technology. She completed her LL.B (Hons) from Government Law College, Thrissur with an average of 70%. In December 2021, the second respondent (NTPC Ltd), published Ext.P3 notification inviting applications for appointment to the post of Assistant Law Officer. The qualification prescribed for the post is Bachelor Degree in Law (LL.B or equivalent-full time degree from a recognised Indian University/Institute) with minimum 60% marks. The candidate should also be registered with the Bar Council. As per the notification, the selection is confined to only those candidates who have appeared for CLAT-2021 (Common Law Admission Test-2021) Post Graduate programme conducted by the Consortium of National Law Universities. Based on their performance in the test, the candidates will be shortlisted for document verification. The petitioner being a law graduate with the requisite minimum marks is desirous of applying for the notified vacancy, but is prevented from doing so, as she had not appeared for the CLAT-2021 PG programme. The petitioner therefore assails the selection process on the ground that it is discriminatory and violates Article 16 of the Constitution of India. Finding prima facile merit in the challenge, an interim order was passed, directing the competent among respondents to accept the petitioner's application, subject to the final outcome of the writ petition.

(2.) Aggrieved by the interim order, respondents 2 to 6 went in appeal, which the Division Bench disposed of, directing a final decision to be taken in the writ petition.

(3.) Heard Advocate Maitreyi S.Hegde for the petitioner, Senior Advocate Tushar Mehta, learned Solicitor General of India, assisted by Advocate Adarsh Tripathi, for respondents 2 to 6 and Assistant Solicitor General Advocate S.Manu, for the first respondent.