HC Allows B.Pharm Graduates to Apply for Pharmacist Posts, Calls Diploma-Only Clause Arbitrary
Raipur: In an interim order, the Chhattisgarh High Court has allowed candidates holding a Bachelor of Pharmacy (B.Pharm) degree to apply for the post of Pharmacist (Grade-II) advertised by the National Health Mission (NHM). The Court took strong exception to the exclusion of degree holders in favour of diploma holders and described the restriction as potentially arbitrary and violative of constitutional rights under Articles 14 and 16.
The case, filed as WPS No. 8548 of 2025, was heard by a division bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru. The petition was filed by 11 candidates, including Rahul Verma and others, challenging the advertisement dated 30.06.2025 issued by the NHM, which limited eligibility for the pharmacist post strictly to diploma holders in pharmacy.
Counsel for the petitioners, Harshwardhan Parganiya, argued that the exclusion of B.Pharm degree holders, despite their higher qualification and valid registration with the Pharmacy Council, was arbitrary and unconstitutional. He contended that the Service Recruitment Rules, 2013 (Entry No. 08 to Schedule-III) prescribing only a diploma in pharmacy as the required qualification violated Articles 14 and 16 by failing the test of intelligible differentia and rational nexus.
He further submitted, “The impugned advertisement and the relevant provisions… by treating ‘Diploma’ as the sole or 'prescribed' qualification rather than the minimum qualification, amount to a manifestly arbitrary classification… violating the fundamental rights of the petitioners guaranteed under Articles 14 and 16 of the Constitution of India.”
To support his argument, he relied on the Supreme Court’s judgment in Puneet Sharma & Others v. Himachal Pradesh State Electricity Board Ltd. (C.A. No. 1318-1322 of 2021), where degree holders were allowed to participate in recruitment despite diploma-specific criteria.
The learned Advocate General Prafull N. Bharat, appearing for the State and some health authorities, submitted that he had not yet received instructions in the matter and sought time to file a reply. Other counsels representing CGVYAPAM (Respondent No. 2 - Chhattisgarh Professional Examination Board Vyapam) and National Health Mission (Respondent No. 3) were also present.
The Court, considering their presence, dispensed with formal notice and granted, “four weeks’ time to file their respective returns and thereafter, two weeks’ further time to the petitioners to file rejoinder, if so advised.”
Recognising the urgency, since the last date for submission of online applications was 5 p.m. on 25.07.2025—the Court directed the authorities to immediately allow eligible B.Pharm candidates to submit their applications.
The bench observed;
"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."
Importantly, the Court clarified that:
"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."
The Court also directed the Advocate General to inform CGVYAPAM of the order so the portal could be updated and the deadline extended if necessary.
The matter is now listed for final hearing after six weeks.
To view the original judgement, click on the link below:
