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HIGH COURT OF CHHATTISGARH, BILASPUR
2026:CGHC:12618-DB
W.P.(S) No. 8754 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
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
17.03.2026
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Chandra
Order on Board
Per Ramesh Sinha, Chief Justice
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 du
