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