Shivam Sharma vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:24663
1 WP-38985-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
&
HON'BLE SHRI JUSTICE ALOK AWASTHI
st
ON THE 31 OF AUGUST, 2026
WRIT PETITION No. 38985 of 2025
SHIVAM SHARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shivam Sharma, petitioner in person.
Shri Mukesh Kumawat, learned counsel for the respondent.
ORDER
Per: Justice Subodh Abhyankar
This writ petition is filed under Article 226 of the Constitution of India
seeking following reliefs:-
(i) Direct the Respondent University to place the relevant records
pertaining to the present Writ Petition before their Lordships for the proper
adjudication in the matter in the interest of justice.]
(ii) To declare the exclusion of Bachelor of Pharmacy graduates from
eligibility criteria for admission in MBA(Public Health) and MBA (Hospital
Administration) as being arbitrary, discriminatory and unconstitutional.
(iii) To direct the respondent University to include Bachelor of Pharmacy
graduates in the eligibility criteria for admission in MBA (Public Health)
and MBA (Hospital Administration).
(iv) To direct the Respondent University to allow the Petitioner and other
alike prospective students to participate in admission process for the MBA
(Public Health) and MBA(Hospital Administration) in the current academic
year2025-26.
(v) To allow this Writ Petition with cost and any other relief which this
Hon’ble Court deems fit may kindly be granted.
2. The case of the petitioner is that he is a student of Medical Science
having completed his Bachelor of Pharmacy (B.Pharma) and is aggrieved by
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 07-09-2026
15:34:13

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the Information Brochure (Academic Year 2025-26) issued by the

respondent/DAVV, whereby, the eligibility criteria for the admission process
in MBA (public health and hospital administration) has been changed and
B.Pharmacy course has been removed from the eligibility criteria for
pursuing the MBA (public health) and MBA (hospital administration) PG
degree courses, consequently preventing the Petitioner from pursuing the
said PG course.
3. The petitioner's contention is that till the year 2025, the
respondents allowed Bachelor of Pharmacy (B. Pharmacy) graduates in their
eligibility criteria for admission in MBA (public health) and MBA (hospital
administration) courses. However, the Respondent/University in a most
arbitrary manner, without assigning any valid reason, without giving any
academic rationale changed the eligibility criteria for the admission process
in MBA (public health and hospital administration) from the academic year
2024-25, excluding the B.Pharma graduates from the eligibility criteria
despite of the fact that the B.Pharma graduates provide a relevant educational
backgroun in the health sector.
4. It is further submitted that other leading national-level institutes
such as AIIMS, IIHMR, IIPH etc. also prescribe curriculum for the course of
MBA (public health) and MBA (hospital administration) for B.Pharma
students, whereas the respondent/university has discontinued with the said
criteria. It is further submitted that the classification made by the Respondent
University is not based on intelligible differentia nor the same has any
reasonable nexus with the object sought to be achieved and thereby
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Signed by: SOURABH
YADAV
Signing time: 07-09-2026
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discriminated against the Petitioner and like students by violating Article 14

of the Constitution of India. He has relied on the decision rendered by Delhi
High Court in the case of Chithra N Vs. All India Institute of Medical
Sciences, reported in 2022 SCCOnline Del 2076, wherein also in similar
case, the High Court had allowed the petition holding that the Courts are not
precluded from exercising their power when such decisions are
unreasonable, arbitrary, discriminatory and deny admission to candidates in
the concerned courses. Thus, it is submitted that the respondents be directed
to recall the aforesaid eligibility criteria for exclusion of B.Pharma students
and reintroduce the courses with the inclusion of B.Pharma students as the
eligible candidates.
5. The reply has also been filed by the respondent. Learned counsel
for the respondent at the outset has submitted that the petition has already
rendered infructuous as the entire selection process has already been
completed, which can not be reversed and thus no case for interference is
made out. It is submitted that even otherwise, such relief cannot be sought
from this Court, especially when there is no discrimination on the part of the
respondent/university to exclude the students of B.Pharma.
6. It is submitted that it is true that earlier such students were allowed
to participate in the examination. However, as per the survey carried out by
the respondent/university, it has been found that the hireability of such
students having B.Pharma and completing MBA in the aforesaid stream
reduce drastically as compared to the candidates of other streams viz,
Hospital Administration, Medical Science, Nursing Graduates, etc. It is also
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YADAV
Signing time: 07-09-2026
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submitted that the university has also taken note of the fact that B.Pharma is

not a Medical Science degree. It is a Chemical Science Degree, which relates
to the science of chemistry for research, manufacturing, production, sales &
distribution of medicines and logical differentiation of medicines, drugs,
narcotics, poisons, etc. Grade Inflationary Practices in degrees like B.Pharma
etc. do not allow deserving candidates of actual medical science degrees to
secure admission on a merit percentage basis. Pharma graduates get 95%+
aggregate, whereas Medical science graduates never get such inflated grades
and because of this, deserving candidates lose the opportunity to get into this
field, and their Right to Education (RTE) gets violated.
7. It is also submitted that data analysis from the placement cell and
industry feedback revealed that students from non-healthcare managerial
backgrounds (like B.Pharma) lacked core competencies in clinical
coordination and hospital budgeting, HR in health institutions, epidemiology,
and healthcare quality framework. Thus, taking into account the fact that the
students of other streams as aforesaid are better suited to the courses,
B.Pharma has been deliberately excluded. It is also stated that, because of
their inclusion of B.Pharma until now the placement of the students has
reduced by 40%, which is a dramatic fall in placement due to non-
performance and industry non-acceptance. Hence, if continued with the same
eligibility structure the programme will lose its value. It is further submitted
that, so far, other institutes like AIIMs, IIHMR, or JNU are concerned, which
are offering MPH (Master of Public Health) and MHM (Master in Hospital
Management), both are social service-oriented degrees not under business
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YADAV
Signing time: 07-09-2026
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management frameworks. Thus, it is submitted that the petition deserves to

be dismissed as no interference is called for.
8. Heard the petitioner as well as the counsel for the respondents and
carefully perused the documents on record. From the record, we find that the
respondent's decision to exclude the students of B.Pharma from the
eligibility to appear in MBA as aforesaid is based on its policy decision,
which in turn is based on its experience regarding such students and their
placement. Their concern is that a dramatic fall in placements due to non-
acceptance by the industry of their students; their program will lose its value
and would not be financially viable, as IMS DAVV is mostly a self-financed
institute. So far as the reliance placed on the eligibility criteria of the
program offered by the other institutes, namely AIIMs, IIHMR, or JNU is
concerned; again, the respondents have also tried to distinguish the aforesaid
program from the program offered by the respondents by contending that
their program, namely MPH and MHM are social service background and
not under the business management framework, whereas, the
respondent/university MBA (Public Health) and MBA (Hospital
Administration) are managerial and also disciplinary program in the faculty
of management. Hence, their eligibility requirements differ to maintain the
work and professional character of the course; thus, in the absence of any
specific rebuttal of the same, we also agree with the reasoning assigned by
the respondent.
9. The decision relied upon by the petitioner in the case of Chithra
N (supra) is distinguishable on facts and is of no avail to the petitioner.
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Signed by: SOURABH
YADAV
Signing time: 07-09-2026
15:34:13

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10. In view of the same, we do not find any reason to interfere in the

eligibility criteria of the respondent and accordingly, the petition being
devoid of merits is hereby dismissed.
11. Otherwise also, as stated by learned counsel for the respondent,
the petition has also become infructuous as the entire process has already
been completed. In such circumstances also, the petition is hereby
dismissed.
(SUBODH ABHYANKAR)
(ALOK AWASTHI)
JUDGE
JUDGE
Sourabh

Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 07-09-2026
15:34:13