The submission was made before a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw by Additional Solicitor General (ASG) Sanjay Jain who said "if we exclude high priced condoms from DPCO, they (manufacturers) may flood market with their high-priced varieties".
"They may even make their lower priced brands/products scarce or in poor packaging which may not inspire confidence in the consumers," the ASG said adding that it could lead to creation of a class within a class.
The court was hearing a plea by pharma firms Reckitt Benckiser and J K Ansell Ltd (JKAL) which have challenged the government's decision to put a ceiling on the prices of condoms by including the product in the DPCO.
On the last date of hearing, the court had queried what was the issue if consumers are willing to pay for premium or luxury male contraceptives.
The government had earlier said condoms are currently in the national list of essential medicines and there can be no gradation, of luxury and ordinary, where drugs are concerned.