[Cites 4, Cited by 0]
Chattisgarh High Court
Rahul Verma vs State Of Chhattisgarh on 17 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12618-DB
ROHIT NAFR
KUMAR
CHANDRA
Digitally signed
by ROHIT
HIGH COURT OF CHHATTISGARH AT BILASPUR
KUMAR
CHANDRA
WPS No. 8548 of 2025
1 - Rahul Verma S/o Mr. Mahesh Kumar Verma Aged About 38 Years
R/o House No.-305, Block - D, Chhuganni Pride, Chanorabhata, District
- Raipur, Chhattisgarh
2 - Trilok S/o Mr. Jiwdhan Aged About 24 Years R/o House No.-199,
Ward No.- 13, Thaku Para, Khundani, P.O. - Khundani, District - Balod,
Chhattisgarh
3 - Mahesh Chandravanshi S/o Mr. Ram Sharan Chandravanshi Aged
About 26 Years R/o Bhareli, Near Atal Chowk, Kharhatta, District -
Kabirdham, Chhattisgarh
4 - Atul Kumar S/o Mr. Dular Singh Thakur Aged About 26 Years R/o
Ward No.-10, Chataripara, Ufra, District - Durg, Chhattisgarh
5 - Abhishek Sonwani S/o Manoj Kumar Sonwani Aged About 25 Years
R/o 102, Ward No.-12, Jai Stambh Guru Ghasidas Chauk, Govindvan,
Govindban, District Balodabazar-Bhatapara, Chhattisgarh
6 - Kushagra Chandrakar S/o Rakesh Chandrakar Aged About 24 Years
R/o Ward No.-03, Bangla Para, Main Road Makan No.-48, Tumgaon,
District - Mahasamund, Chhattisgarh
7 - Ranu Tai Thakre D/o Mayaram Thakre Aged About 28 Years Karan
Nagar, Changorabhata, District - Raipur, Chhattisgarh
8 - Hawan Kumar S/o Mantri Prasad Aged About 26 Years R/o
Ramhepur Kurd, Rawweli, District - Kabirdham, Chhattisgarh
9 - Kuleshwar S/o Punit Ram Sahu Aged About 27 Years R/o Ward -15,
Bajar Chowk, Kolar, , District - Raipur, Chhattisgarh
10 - Sooraj Kumar Ladel S/o Manharan Ladel Aged About 28 Years R/o
Jhadutola, P.O.- Singangarh, District - Kabirdham, Chhattisgarh
11 - Shiva Chandrakar S/o Trilochan Chandrakar Aged About 30 Years
R/o House No.-51, Ward No.-03, Dr. Rajendra Prasad Banglapara,
Tumgaon, District - Mahasamund, Chhattisgarh
... Petitioners
versus
2
1 - State of Chhattisgarh Through The Secretary, Department Of Health
And Family Welfare and Medical Education, 03rd Floor, Mahanadi
Bhawan Sector, Nava Raipur, Atal Nagar, Chhattisgarh - 492002
2 - Chhattisgarh Professional Examination Board Vyapam Bhawan,
North Block, Sector-19, Atal Nagar, New Raipur, Chhattisgarh
3 - National Health Mission Through Its Mission Director, Swasthya
Bhawan, 3rd Floor, Sector-19, Nava Raipur, Atal Nagar, Chhattisgarh -
492002
4 - The Chief Medical and Health Officer District - Gariyaband,
Chhattisgarh
5 - The Chief Medical and Health Officer District - Bemetara,
Chhattisgarh
6 - The Chief Medical And Health Officer District - Bijapur, Chhattisgarh
7 - Directorate of Health Services Through its Director, 3rd Floor,
Indrawati Bhawan, Nava Raipur, Atal Nagar, Chhattisgarh - 492002
... Respondents
-----------------------------------------------------------------------------------------------
For Petitioners : Mr. Harshwardhan Parghania, Advocate
For Respondent Nos. 1 : Mr. Prasun Bhaduri, Deputy Advocate
& 4 to 7/State General
For Respondent No. 2 : Mr. Animesh Tiwari, Advocate.
For Respondent No. 3 : Mr. Kaushal Yadav holding brief of
Mr. C. Jayant K. Rao, Advocate
-----------------------------------------------------------------------------------------------
Hon'ble Mr. Ramesh Sinha, Chief Justice
Hon'ble Mr. Ravindra Kumar Agrawal, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
17.03.2026
1. Heard Mr. Harshwardhan Parghania, learned counsel for the
petitioners. Also heard Mr. Prasun Bhaduri, learned Deputy
Advocate General, appearing for the State/ respondent Nos. 1
and 4 to 7, Mr. Animesh Tiwari, learned counsel, appearing for
respondent No.2- CGVYAPAM and Mr. Kaushal Yadav holding
brie of Mr. C.Jayant K.Rao, learned counsel appearing for
respondent No.3-National Health Mission.
2. The present petition has been filed by the petitioners under Article
226 of the Constitution of India challenging the legality, validity
and propriety the advertisement dated 30/06/2025 (Annexure-P-2)
issued by the Respondent No.2, whereby the essential
qualification for the post of Pharmacist (Grade-II) has been
restricted solely to candidates possessing a Diploma in Pharmacy,
thereby excluding candidates holding a Degree in Bachelor of
Pharmacy (B-Parma) or any other equivalent or a higher
qualification from applying for the said post, despite being duly
registered with the Pharmacy Council and being fully qualified.
The petitioner further challenges the vires of Entry No.08 to
Schedule-III of the Chhattisgarh Health and Family Welfare
Department Non-Ministerial Para-Medical and Nursing
(Directorate of Health Services) Class III Service Recruitment
Rules, 2013 which prescribes such restrictive eligibility criteria in
terms of academic qualification and thus the petitioners have
prayed for the following reliefs :-
"10.1 declare that the Entry No. 08 to Schedule - III
of the Chhattisgarh Health and Family Welfare
Department Non-Ministerial Para-Medical and
Nursing (Directorate of Health Services) Class III
Service Recruitment Rules, 2013 may be declared as
ultra vires, to the extent that it restricts the eligibility
for the post of Pharmacist only to the Diploma
holders and excludes Pharmacy Graduates (Degree
holders)and thus, unconstitutional for being violative
of Articles 14 and 16 of the Constitution of India,
1950;
10.2. issue an appropriate writ directing the
Respondent/State to also include "Degree in
Pharmacy" as a requisite qualification in Entry No. 08
to Schedule III of the Chhattisgarh Health and Family
Welfare Department Non-Ministerial Para-Medical
and Nursing (Directorate of Health Services) Class III
Service Recruitment Rules, 2013;
10.3. quash the Advertisement dated 30.06.2025
(Annexure-P/2), issued by Respondent No. 07 for
arbitrarily excluding the candidates holding the
Bachelor's Degree in Pharmacy from applying for the
notified post of Pharmacist (Grade-II);
10.4. direct the Respondent No. 07 to revise the
eligibility criteria of the Impugned Advertisement
dated 30.06.2025 by prescribing minimum
qualification in such a manner that it includes both
diploma and degree in pharmacy, in parity with other
State and NHM recruitments, in the interest of justice;
10.5. Any other orders or directions, as this Hon'ble
Court may deem just and proper in the facts and
circumstances of the case."
3. On 25.07.2025, this Court had passed the following order :-
"Heard Mr. Harshwardhan Parganiya, learned
counsel for the petitioners as well as Mr. Prafull Bharat,
learned Advocate General assisted by Mr.S.S.Baghel,
learned Deputy Government Advocate appearing for
the respondents No.1 and 4 to 7/State and Mr.Animesh
Tiwari, learned counsel appearing for respondent No.2-
CGVYAPAM and Mr.C.J.K.Rao, learned counsel
appearing for respondent No.3-National Health
Mission.
Learned counsel for the petitioners submits that
the petitioners have filed this writ petition against the
advertisement dated 30.06.2025 issued by respondent
No.3, whereby the essential qualification for the post of
Pharmacist (Grade-II) has been restricted solely to the
candidates possessing a Diploma in Pharmacy, thereby
excluding the candidates holding a Degree in Bachelor
of Pharmacy (В. Pharma) or any other equivalent or a
higher qualification from applying for the said post,
despite being duly registered with the Pharmacy
Council and being fully qualified. He further submits
that the petitioners further challenges the vires of Entry
No. 08 to Schedule-III of the Chhattisgarh Health and
Family Welfare Department Non-Ministerial Para-
Medical and Nursing (Directorate of Health Services)
Class III Service Recruitment Rules, 2013 ("Service
Recruitment Rules, 2013") which prescribes such
restrictive eligibility criteria in terms of academic
qualification. He also submits that the impugned
advertisement and the relevant provisions contained in
the Service Recruitment Rules, 2013, by treating
"Diploma" as the sole or 'prescribed' qualification rather
than the minimum qualification, amount to a manifestly
arbitrary classification, lacking intelligible differentia or
any rational nexus with the object of recruitment,
thereby violating the fundamental rights of the
petitioners guaranteed under Articles 14 and 16 of the
Constitution of India, 1950. The exclusion of graduates
possessing higher qualifications from consideration is
not only unreasonable but also ultra vires the
constitutional scheme and the principles of fair and
equal opportunity in public employment. He places
reliance on the judgment of the Apex Court in Puneet
Sharma & Others etc. v. Himachal Pradesh State
Electricity Board Ltd. & Another {C.A. No. 1318-1322 of
2021} wherein the Apex Court had directed the State to
allow the degree holders to participate in the
recruitment process and further to process candidature
of all applicants, including the degree holders who
participated.
Mr. Prafull N. Bharat, learned Advocate General
submits that at present, he is not having any
instructions in the matter and as such, he may be
permitted to seek instructions and file appropriate
return.
Since learned Advocate General appears on
behalf of the State/respondents No. 1 and 4 to 7 as
well as Mr.Animesh Tiwari, learned counsel appears on
behalf of respondent No.2-CGVYAPAM and
Mr.C.J.K.Rao, learned counsel appears on behalf of
respondent No.3-National Health Mission, issuance of
notice to the respondents are dispensed with.
As prayed, learned State counsel as well as
learned counsel for the respondent-CGVYAPAM are
granted four weeks' time to file their respective returns
and thereafter, two weeks' further time is granted to the
petitioners to file rejoinder, if so advised.
Considering the fact that since the last date for
submission of the online form in the portal of the
CGVYAPAM is upto 5 p.m. of 25.07.2025, the
respondent- State is directed to issue necessary
instruction to the respondent-CGVYAPAM who has to
conduct the examination, to make necessary
changes/amendments in the online portal for the
intending candidates / participants of the examination
in question for submission of their online forms and the
petitioners are at liberty to submit their forms in the
online portal, however, their participation shall be
subject to the final out come of the present petition.
It is made clear that this order would operate in
rem and not in personam and would be applicable to
all the similarly situated candidates having Degree in
Bachelor of Pharmacy (В. Pharma) or any other
equivalent or a higher qualification, subject to the
condition that they fulfill other requisite criteria as may
be prescribed by the respondent Department in the
advertisement in question.
Learned Advocate General shall convey about
the order passed by this Court today to respondent
No.2 as it is stated that today is the last date for
submission of online forms by the candidates and
respondent No.2 may extend the date further.
List this matter after six weeks for final hearing."
4. At the outset, learned State counsel submitted that in compliance
of the Court's order dated 25.07.2025, respondent No.7,
Directorate of Heath Services, by way of letter dated 08/08/2025
has informed the Controller of the Examination/respondent No.2
that it has been decided that according to the Committee
constituted to look into the qualification of Pharmacy Grade II
Recruitment, the qualification of Diploma in Pharmacy, Bachelor
of Pharmacy and Master of Pharmacy has been included. Thus,
the grievance of the petitioners that Pharmacy Graduate (Degree
Holders) have been excluded stands redressed and now in the
light of the letter dated 08/08/2025 persons having Bachelor
Degree and Master Degree in Pharmacy can also participate in
the examination. Copy of the letter dated 08.08.2025 is annexed
herewith as Annexure- R-1. He also submitted that in view of the
interim order granted by this Court on 25.07.2025 as also in view
of the inclusion of the Graduate Degree holders being made
eligible for examination, respondent No.2 has come up with a
fresh roster of examination wherein, the examination for the post
of Pharmacist Grade-II is scheduled to be tentatively held on
12.04.2026, as such, the relief sought for by the petitioners has
been substantially granted, therefore, the present writ petition has
been rendered infructuous.
5. Learned counsel for the petitioners submitted that so far as prayer
clause Nos. 10.3 and 10.4 are concerned, they have been
redressed, but so far as prayer clause Nos. 10.1 and 10.2 they
have not yet been redressed. He also submitted that the similar
issue had already been decided by this Court in WPS No. 1983 of
2025 (Arvind Kumar & Others Vs. State of Chhattisgarh &
Others) & batch of petition vide order dated 03.07.2025 though in
a similar set of fact and for different post and for different
examination, but the same kind of entries have already been
declared ultra vires, so he prayed that the Entry No. 08 to
Schedule - III of the Chhattisgarh Health and Family Welfare
Department Non-Ministerial Para-Medical and Nursing
(Directorate of Health Services) Class III Service Recruitment
Rules, 2013 may be declared as ultra vires, to the extent that it
restricts the eligibility for the post of Pharmacist only to the
Diploma holders and excludes Pharmacy Graduates (Degree
holders) and thus, unconstitutional for being violative of Articles 14
and 16 of the Constitution of India, 1950 and to direct the
Respondent/State to also include "Degree in Pharmacy" as a
requisite qualification in Entry No. 08 to Schedule III of the
Chhattisgarh Health and Family Welfare Department Non-
Ministerial Para-Medical and Nursing (Directorate of Health
Services) Class III Service Recruitment Rules, 2013 because
these are the prescribed rules, which are in every time whenever
the advertisements are issued, the same are relied upon and on
every occasion the same issue will arise.
6. We have heard learned counsel for the parties and perused the
materials available on record.
7. It is not in dispute that initially by advertisement dated 30.06.2025,
the respondents had restricted the eligibility for the post of
Pharmacist (Grade-II) only to candidates possessing Diploma in
Pharmacy, thereby excluding candidates having higher
qualifications such as Bachelor of Pharmacy and Master of
Pharmacy.
8. During the pendency of the present petition, in compliance of the
interim order dated 25.07.2025 passed by this Court, the
respondent authorities have issued a communication dated
08.08.2025 whereby candidates possessing Degree and
Postgraduate qualifications in Pharmacy have also been made
eligible to participate in the recruitment process. Consequently,
prayer clauses 10.3 and 10.4 of the petition stand satisfied and
rendered infructuous.
9. However, the challenge to Entry No. 08 of Schedule-III of the
Chhattisgarh Health and Family Welfare Department Non-
Ministerial Para-Medical and Nursing (Directorate of Health
Services) Class III Service Recruitment Rules, 2013 still survives.
10. This Court finds substance in the submission of learned counsel
for the petitioners that prescribing 'Diploma in Pharmacy' as the
sole qualification, to the exclusion of higher qualifications such as
Degree and Postgraduate qualifications in Pharmacy, is arbitrary
and violative of Articles 14 and 16 of the Constitution of India.
Exclusion of candidates possessing higher qualifications, despite
being duly registered and otherwise eligible, does not have any
rational nexus with the object sought to be achieved.
11. This issue is no longer res integra in view of the judgment passed
by this Court in WPS No. 1983 of 2025 (Arvind Kumar & Others
Vs. State of Chhattisgarh & Others) decided on 03.07.2025,
wherein similar restrictive provisions were held to be
unsustainable in law.
12. In view of the above and considering that even the respondents
have now permitted Degree and Postgraduate holders to
participate in the recruitment process, the impugned rule to the
extent it restricts eligibility only to Diploma holders cannot be
sustained.
13. Accordingly, Entry No. 08 to Schedule-III of the Chhattisgarh
Health and Family Welfare Department Non-Ministerial Para-
Medical and Nursing (Directorate of Health Services) Class III
Service Recruitment Rules, 2013 is declared ultra vires to the
extent it restricts eligibility for the post of Pharmacist only to
Diploma holders and excludes candidates possessing higher
qualifications such as Bachelor of Pharmacy and Master of
Pharmacy.
14. The respondents/State are directed to suitably amend the
aforesaid Rules by including Degree and higher qualifications in
Pharmacy as eligible qualifications for the post of Pharmacist
(Grade-II), within a reasonable period.
15. It is made clear that the benefit of this order shall be available to
all similarly situated candidates.
16. The writ petition is partly allowed to the extent indicated herein-
above. No order as to costs.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Chandra
