If you are stuck in such a situation, here is what to do.

I am a young advocate, Priya Mehta, and for the last year, I have dedicated myself to working in a small corporate law firm in Jaipur. The pay is barely enough to get by, but I persevered, believing that gaining specialized experience in contract law and due diligence would eventually open doors to better opportunities. I was convinced that hard work and expertise were the keys to building a successful legal career.

However, my experience has been disheartening. I see promising vacancies for litigation roles in larger firms, a field where I have substantial experience from my internships. I meticulously prepare for each application, customizing my CV and writing detailed cover letters. Yet, the response is almost always silence or a standard rejection email. I am not asking for a job on a platter, just a single, fair interview.

When I apply for roles within my current specialization, corporate law, I am often met with the frustrating response: “The position was filled internally through a reference.” It seems that merit is secondary to connections. This phrase has become a recurring nightmare, highlighting a system where who you know often matters more than what you know.

The few interviews I do get are filled with contradictions. In one, they advise me to gain more experience in commercial arbitration. In the next, they say I should have focused more on regulatory compliance. When I apply for litigation roles, I am questioned for “shifting fields,” which is seen as a negative. Simultaneously, I am told that the corporate law field is saturated, and litigation has more opportunities.

This leaves me in a state of confusion. If I stick to my current field, I am told it’s a dead end. If I try to leverage my other skills, I am labelled as unfocused. It feels like an impossible situation where the goalposts are constantly shifting. I have worked diligently, remained patient, and continuously updated my skills, but it feels like I am running in circles.

All I seek is one fair opportunity—an interview where my CV is assessed on its own merits. I am not looking for sympathy, but a chance to prove my capabilities. I am willing to relocate to any city, be it Pune, Hyderabad, or elsewhere. I am confident in my abilities and the value I can bring to a firm. I just need someone to be willing to look past the references and see the potential.

Advice in such cases

Facing such a situation can be demoralizing for any legal professional. It is crucial to handle it strategically and protect your professional interests.

• Document Everything: Keep a detailed record of all your job applications, communications with recruiters and HR departments, interview feedback, and any instances where you were explicitly told that a position was filled through a reference. This documentation can be valuable if you need to formally raise a complaint.
• Strategic Networking: While nepotism can be frustrating, professional networking is a legitimate and essential part of career growth. Focus on building genuine connections through legal seminars, online forums, and bar association events. A strong professional network can provide opportunities based on merit.
• Skill Enhancement: Use the contradictory feedback to your advantage. Identify the skills that are repeatedly mentioned (e.g., arbitration, regulatory compliance) and consider taking certified courses to strengthen your profile. This shows proactiveness and a commitment to professional development.
• Seek Feedback: Whenever possible, politely ask for constructive feedback after a rejection. While many firms may not respond, some might offer insights that can help you improve your approach for future applications.
• **Consult with Lawyer**: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

In India, hiring practices in the private sector are not as strictly regulated as in public employment, making it difficult to challenge decisions based on nepotism or preference. However, certain legal principles may apply.

• The Constitution of India: While Article 16 (Equality of opportunity in matters of public employment) applies directly to the government and public sector undertakings, the principles of fairness and non-arbitrariness under Article 14 (Right to Equality) can sometimes be invoked against private entities performing public functions. However, for most private law firms, this is a very difficult argument to sustain.
• Contract Law: If a firm makes a formal offer of employment and then retracts it without a valid reason (e.g., because they found a candidate through a reference), you may have grounds for a claim based on breach of contract.
• Company Policies: Many large corporations and firms have internal codes of conduct and HR policies that mandate fair and merit-based hiring. If you can prove that a company violated its own stated policies, you may have grounds for a formal complaint with the company’s ethics or HR department.
• Bharatiya Nyaya Sanhita, 2023 (BNS): There is no specific provision in the BNS that criminalizes nepotism in private hiring. A criminal case would only be viable if there is evidence of fraud or cheating under Section 318 of the BNS, such as a company taking money with a false promise of a job. This is not applicable in a standard job application scenario.

If you are the complainant

If you believe you have been treated unfairly and wish to take action, here are the steps you can consider:

• Gather Your Evidence: Compile all your documents, including your application, the job description, all email correspondence, and notes from interviews. If you have any written proof of unfair practices (e.g., an email stating the role was filled by reference), it is crucial.
• Formal Communication: Write a formal, professional letter or email to the head of the HR department or the managing partner of the firm. Clearly state the facts of your case, outline why you believe the process was unfair, and attach your credentials. Request them to review the hiring process for that specific role.
• **Consult with Lawyer**: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Focus on Future Opportunities: While pursuing a complaint, do not let it halt your job search. Continue applying for other roles and working on your professional growth.

If you are the victim

Being a victim of such circumstances can take a toll on your mental and emotional well-being. It’s important to take care of yourself while navigating this professional challenge.

• Protect Your Mental Health: Constant rejection and feelings of unfairness can lead to burnout. It is important to stay resilient, focus on your strengths, and not take the rejections personally. Engage in activities that help you de-stress.
• Re-evaluate Your Strategy: Take a step back and analyze your job search strategy. Are you applying to the right firms? Is your CV effectively highlighting your key skills? Sometimes, a small change in approach can make a big difference.
• Broaden Your Horizons: If one specialization or type of role is proving difficult to get into, consider parallel fields where your skills are transferable. The legal industry is vast, and there may be opportunities in areas you haven’t considered, such as in-house counsel roles, legal-tech companies, or policy research.
• **Consult with Lawyer**: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

This is a civil or corporate matter, not a criminal one. The police have no jurisdiction over private companies’ internal hiring decisions unless a specific criminal offense is committed. If you approach a police station, they will almost certainly inform you that they cannot intervene and will advise you to seek a remedy through civil courts or by approaching the company directly. Police resources are reserved for investigating crimes defined under the BNS and other criminal statutes, and unfair hiring does not fall into that category.

FAQs people normally have

Here are some common questions that arise in these situations:

• Is it illegal for a private company to hire through references?
  No, it is not illegal. Most companies use a mix of hiring channels, including employee referrals. It only becomes legally questionable if the practice leads to discrimination against protected groups or violates the company’s own stated policies.
• Can I sue a company for giving me contradictory feedback?
  No, you cannot sue a company for giving confusing or contradictory feedback. While unprofessional, it does not give rise to a legal cause of action. The purpose of feedback is informal, and there is no legal obligation for it to be consistent or even accurate.
• What if I am more qualified than the person who was hired?
  Proving you were “more qualified” is subjective and extremely difficult in a legal setting. Companies have the discretion to decide who is the best “fit” for their team, which includes factors beyond just paper qualifications, such as personality, long-term potential, and internal dynamics.

What evidence is required?

To build a case for unfair hiring practices, even for an internal complaint, you would need concrete evidence. This includes:

• All email communication with the company’s HR and recruiters.
• A copy of the job advertisement and your application.
• Written notes from your interviews, including the names of the interviewers and the questions asked.
• Any written communication (email, message) that explicitly states the reason for your rejection, especially if it mentions hiring through a reference.
• A copy of the company’s HR or ethics policy, if available publicly, that outlines their commitment to fair hiring.

How long will the investigation take?

There is no formal “investigation” in the legal sense unless you file a lawsuit. If you complain to the company, any internal investigation is at their discretion. It could take a few weeks to a month, but the company is under no obligation to share the outcome with you. If you were to file a civil suit for a breach of contract (which is rare in these cases), the legal process in Indian courts can be lengthy, potentially taking several years to resolve.

Advocate Sudhir Rao, Supreme Court of India