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Bombay High Court

PRAKASH KASHIRAM VALVI AND ORSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY URBAN DEVELOPMENT AND ORS

Decided
Disposal
Disposed Off

Holding

The Court declined to interfere with the bank‑statement requirement and directed the respondents to verify the petitioners' documents within three weeks, keeping all contentions open.

Summary

The petitioners challenged the requirement to submit original bank statements for salary verification in the document verification process for recruitment to Assistant Engineer and Junior Engineer posts, alleging it violated Articles 14 and 19(1)(g) of the Constitution. They sought to have the condition quashed, a mandamus directing its relaxation, and interim restraining orders against further appointment steps. The respondents, the State of Maharashtra and Nashik Municipal Corporation, submitted a letter stating that the petitioners' documents would be considered and verified by the Staff Selection Committee. The High Court held that further adjudication was unnecessary and directed the respondents to verify the documents within three weeks of the order, communicating the decision to the petitioners. All contentions were kept open and the petitions were disposed of without costs.

Issues considered

  • Whether the requirement to submit original bank statements as proof of salary during document verification is violative of Article 14 (equality) of the Constitution
  • Whether the same requirement infringes the right to practice any profession or to carry on any occupation, trade or business under Article 19(1)(g)
  • Whether the High Court should issue a writ of mandamus to compel the respondents to relax the bank‑statement condition and treat the petitioners as eligible candidates

Subjects

  • Article 226
  • Writ petition
  • Document verification
  • Bank statements
  • Article 14
  • Article 19(1)(g)
  • Public employment
  • Administrative law
  • Mandamus

Judgment

                                                                908 & 909 WPST- 18135-26 & ANR.DOC



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                        CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO. 7931 OF 2026

Darshan Chandakant Karpe
And Ors                                                                  ...Petitioners
      Versus
The State of Maharashtra & Anr.                                          ...Respondents

                                     WITH
                       WRIT PETITION NO. 8195 OF 2026

Prakash Kashiram Valvi And Ors                                           ...Petitioners
      Versus
The State of Maharashtra & Anr.                                          ...Respondents

                                   _________
Mr. Nitin Gaware Patil a/w. Mr. Shivkumar Jangwad a/w. Ms.Rupsee Nerlikar,
for Petitioners in both WPs .
Smt. P. C.Patil, AGP for Respondent- State.
Mr. Rohit Sakhadeo for Respondent No.2/Nashik Mun.Corpn.
                                  __________

                                        CORAM:             G. S. KULKARNI &
                                                           AARTI SATHE, JJ.

                                        DATE:              02 JULY 2026

P.C.

1.     These two Petitions under Article 226 of the Constitution of India are filed

praying for the similar substantive reliefs which read thus:

        [A] Call for record and proceedings of the case.

        [B] Issue an appropriate writ, order or direction to quash and set aside the
        condition of submission of original bank statements with respect to salary
        payment during the document verification process, as stipulated in the notices
        dated 29.04.2026 and 05.06.2026 issued by the respondent No.2 and No.3,
        being illegal, arbitrary and violative of Article 14 and Article 19(1)(g) of the
        Constitution of India, and for that purpose issue necessary orders.

        [C] Issue a writ of mandamus or any other appropriate writ, order or directions
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        in the nature of writ of mandamus, thereby directing the respondent No.2 and
        No.3 to undertake the document verification process in respect of the petitioners
        by excluding and/or relaxing the condition of submission of bank statements
        reflecting salary details and to quash and set aside the classification of the
        petitioners under the caption of 'temporarily ineligible category' and to treat the
        petitioners as eligible candidates for the purposes of appointment to the posts of
        Assistant Engineer (Civil) and/or Junior Engineer (Civil) (Group-C) in
        pursuance to advertisement No.1/2025 dated 29.10.2025, and for that purpose
        issue necessary orders.

        [D] Pending hearing and final disposal of this Writ Petition, issue appropriate
        directions restraining the respondent No.2 and No.3 from proceeding with
        further stages of appointment to the posts of Assistant Engineer (Civil) and/or
        Junior Engineer (Civil) (Group-C) in pursuance to advertisement No.1/2025
        dated 29.10.2025, insofar as the same pertains to the posts to which the
        petitioners are eligible and selected, and for that purpose issue necessary orders.

        [E] Pending hearing and final disposal of this Writ Petition, issue appropriate
        directions restraining the respondent No.2 and No.3 from making appointments
        from the waiting list to the posts of Assistant Engineer (Civil) and/or Junior
        Engineer (Civil) (Group-C) in pursuance to advertisement No.1/2025 dated
        29.10.2025 and further no coercive steps be taken against the petitioners by
        placing them in or continuing them under the 'temporarily ineligible category',
        and for that purpose issue necessary orders




2.     At the outset, Mr. Sakhadeo, learned counsel for the Municipal

Corporation has placed on record a communication received by him from the

Deputy Commissioner (Administration) Shri. Laxmikant Satalkar, of the

Corporation, informing him that the Competent Officer would consider the

documents of the petitioners as received on 2 July 2026. Letter dated 2 July 2026

tendered by learned Advocate Mr. Rohit Sakhadeo, appearing for Respondent

No.2 Nashik Municipal Corporation is required to be noted, which reads thus:

           “[Official Translation of a photocopy of a Letter typewritten in Marathi.]

                    NASHIK MUNICIPAL CORPORATION, NASHIK

                    GENERAL ADMINISTRATION DEPARTMENT

                       Rajiv Gandhi Bhavan, Sharanpur Road, Nashik.


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         Phone No. 0253-2222416                        Email ID: [email protected]

           O. No. Estd./WS/Desk-09/108/2026                        Date : 02.07.2026..


        To,
        Advocate Rohit Sakhdev, Panel Advocate – MC,
        Hon’ble Bombay High Court, Mumbai.


                         1) Writ Petition (ST) No. 16330/2026
         Subject -
                         Darshan Chandrakant and Others
                               Versus
                         Government of Maharashtra.

                         2) Writ Petition (ST) No. 18135/2026
                         Prakash Kashiram Valvi and Others
                              Versus
                         Government of Maharashtra and Others.
         Reference -     Your telephonic message dated 02.06.2026.


               In connection with the above-noted subject, it is hereby mentioned that
        the Applicant Shri. Darshan Chandrakant Karpe and some other Candidates
        have requested us to accept the Cash Voucher as proof of experience and to
        qualify them in the Document Verification Process. Moreover, some Applicants
        out of the Applicants/ Petitioners in the Writ Petitions as mentioned in the
        above-noted subject, have submitted copies regarding having filled up the Form
        No. 16 and other Candidates have submitted other documents. The said
        documents will be verified immediately by the Staff Selection Committee and an
        appropriate decision will be taken in that regard.

                                                      (Signature Illegible)
                                                      (Laxmikant Satalkar)
                                            Deputy Commissioner (Administration)
                                                    and Member Secretary
                                                   Staff Selection Committee
                                            Nashik Municipal Corporation, Nashik.”




3.     In this view of the matter, further adjudication of these petitions is not

called for. Let the said documents be verified and appropriate decision taken

within a period of three weeks from today and communicate the same to the
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petitioners.

4.     All contentions of the parties are expressly kept open.

5.     Disposed of in the aforesaid terms. No costs.




(AARTI SATHE, J.)                                       (G. S. KULKARNI, J.)




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