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Bombay High Court
Gokul Kashinath Kalamkar vs State Of Maharashtra Throught ... on 7 April, 2026
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
913.AS.WP.4325.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4325 OF 2026
Santosh Hiraman Lashkare ....Petitioner
Versus
The State of Maharashtra & Anr. ....Respondents
WITH
WRIT PETITION NO.4461 OF 2026
WITH
WRIT PETITION NO.4465 OF 2026
WITH
WRIT PETITION NO.4466 OF 2026
WITH
WRIT PETITION NO.4469 OF 2026
WITH
WRIT PETITION NO.4473 OF 2023
WITH
WRIT PETITION NO.4475 OF 2023
WITH
WRIT PETITION NO.16794 OF 2023
WITH
WRIT PETITION NO.16792 OF 2023
WITH
WRIT PETITION NO.16793 OF 2023
WITH
WRIT PETITION NO.16800 OF 2023
WITH
WRIT PETITION NO.16802 OF 2023
WITH
WRIT PETITION NO.19547 OF 2024
WITH
WRIT PETITION NO.16975 OF 2023
WITH
WRIT PETITION NO.3436 OF 2026
WITH
WRIT PETITION NO.3462 OF 2026
WITH
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WRIT PETITION NO.3465 OF 2026
WITH
WRIT PETITION NO.3470 OF 2026
WITH
WRIT PETITION NO.16796 OF 2023
WITH
WRIT PETITION NO.16797 OF 2023
WITH
WRIT PETITION NO.16798 OF 2023
WITH
WRIT PETITION NO.16799 OF 2023
WITH
WRIT PETITION NO.16801 OF 2023
WITH
WRIT PETITION NO.19548 OF 2024
WITH
WRIT PETITION NO.17893 OF 2025
WITH
WRIT PETITION NO.17894 OF 2025
WITH
WRIT PETITION NO.17895 OF 2025
WITH
WRIT PETITION NO.17896 OF 2025
WITH
WRIT PETITION NO.17897 OF 2025
WITH
WRIT PETITION NO.17898 OF 2025
WITH
WRIT PETITION NO.17899 OF 2025
WITH
WRIT PETITION NO.17900 OF 2025
WITH
WRIT PETITION NO.17901 OF 2025
WITH
WRIT PETITION NO.17902 OF 2025
WITH
WRIT PETITION NO.17568 OF 2025
WITH
WRIT PETITION NO.17912 OF 2025
WITH
INTERIM APPLICATION NO. 2199 OF 2026
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WITH
INTERIM APPLICATION NO. 2202 OF 2026
WITH
WRIT PETITION NO.3631 OF 2026
WITH
WRIT PETITION NO.10270 OF 2025
WITH
WRIT PETITION NO.10271 OF 2025
WITH
WRIT PETITION NO.17903 OF 2025
WITH
WRIT PETITION NO.17904 OF 2025
WITH
WRIT PETITION NO.17905 OF 2025
WITH
WRIT PETITION NO.17906 OF 2025
WITH
WRIT PETITION NO.17907 OF 2025
WITH
WRIT PETITION NO.17908 OF 2025
WITH
WRIT PETITION NO.17909 OF 2025
WITH
WRIT PETITION NO.17910 OF 2025
WITH
WRIT PETITION NO.17911 OF 2025
WITH
WRIT PETITION NO.17912 OF 2025
WITH
WRIT PETITION NO.17913 OF 2025
WITH
WRIT PETITION NO.17914 OF 2025
WITH
WRIT PETITION NO.17915 OF 2025
WITH
WRIT PETITION NO.17916 OF 2025
WITH
INTERIM APPLICATION NO. 38865 OF 2025
WITH
WRIT PETITION NO.17917 OF 2025
WITH
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INTERIM APPLICATION NO.38867 OF 2025
WITH
WRIT PETITION NO.17918 OF 2025
WITH
WRIT PETITION NO.17919 OF 2025
WITH
INTERIM APPLICATION NO.38869 OF 2025
WITH
WRIT PETITION NO.17920 OF 2025
WITH
WRIT PETITION NO.17921 OF 2025
WITH
WRIT PETITION NO.17922 OF 2025
WITH
WRIT PETITION NO.433 OF 2026
WITH
WRIT PETITION NO.434 OF 2026
WITH
WRIT PETITION NO.834 OF 2026
WITH
WRIT PETITION NO.839 OF 2026
WITH
WRIT PETITION NO.835 OF 2026
WITH
WRIT PETITION NO.836 OF 2026
WITH
WRIT PETITION NO.837 OF 2026
WITH
WRIT PETITION NO.1999 OF 2026
WITH
WRIT PETITION NO.2378 OF 2026
WITH
WRIT PETITION NO.2380 OF 2026
WITH
WRIT PETITION NO.2381 OF 2026
WITH
WRIT PETITION NO.2382 OF 2026
WITH
WRIT PETITION NO.2383 OF 2026
WITH
WRIT PETITION NO.2729 OF 2026
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WITH
WRIT PETITION NO.4038 OF 2026
WITH
WRIT PETITION NO.4033 OF 2026
WITH
INTERIM APPLICATION NO.2396 OF 2026
WITH
WRIT PETITION NO.17923 OF 2025
WITH
INTERIM APPLICATION NO.38870 OF 2025
WITH
WRIT PETITION NO.2971 OF 2026
WITH
WRIT PETITION NO.2974 OF 2026
WITH
WRIT PETITION NO.2997 OF 2026
AND
WRIT PETITION NO.17925 OF 2025
WITH
WRIT PETITION NO. 4441 OF 2026
WITH
WRIT PETITION NO. 4442 OF 2026
WITH
WRIT PETITION NO. 4443 OF 2026
WITH
WRIT PETITION NO. 4444 OF 2026
WITH
WRIT PETITION NO. 4445 OF 2026
WITH
WRIT PETITION NO. 4446 OF 2026
WITH
WRIT PETITION NO. 4448 OF 2026
WITH
WRIT PETITION NO. 4450 OF 2026
WITH
WRIT PETITION NO. 4451 OF 2026
WITH
WRIT PETITION NO. 4452 OF 2026
WITH
WRIT PETITION NO. 4454 OF 2026
WITH
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WRIT PETITION NO. 4455 OF 2026
WITH
WRIT PETITION NO. 4457 OF 2026
WITH
WRIT PETITION NO. 4458 OF 2026
WITH
WRIT PETITION NO. 4460 OF 2026
WITH
WRIT PETITION NO. 4464 OF 2026
WITH
WRIT PETITION NO. 4467 OF 2026
WITH
WRIT PETITION NO. 4468 OF 2026
WITH
WRIT PETITION NO. 4471 OF 2026
WITH
WRIT PETITION NO. 4474 OF 2026
WITH
WRIT PETITION NO. 4477 OF 2026
WITH
WRIT PETITION NO. 4478 OF 2026
WITH
WRIT PETITION NO. 4480 OF 2026
WITH
WRIT PETITION NO. 4481 OF 2026
WITH
WRIT PETITION NO. 4482 OF 2026
WITH
WRIT PETITION NO. 4483 OF 2026
WITH
WRIT PETITION NO. 4484 OF 2026
WITH
WRIT PETITION NO. 4485 OF 2026
WITH
WRIT PETITION NO. 4486 OF 2026
WITH
WRIT PETITION NO. 4487 OF 2026
WITH
WRIT PETITION NO. 4488 OF 2026
WITH
WRIT PETITION NO. 4489 OF 2026
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WITH
WRIT PETITION NO. 4490 OF 2026
WITH
WRIT PETITION NO. 4491 OF 2026
WITH
WRIT PETITION NO. 4492 OF 2026
WITH
WRIT PETITION NO. 4493 OF 2026
WITH
INTERIM APPLICATION NO.2762 OF 2026
WITH
WRIT PETITION NO. 4494 OF 2026
WITH
WRIT PETITION NO. 4495 OF 2026
WITH
WRIT PETITION NO. 4496 OF 2026
WITH
WRIT PETITION NO. 4497 OF 2026
WITH
WRIT PETITION NO. 4507 OF 2026
WITH
WRIT PETITION NO. 4510 OF 2026
WITH
WRIT PETITION (ST) NO. 7966 OF 2026
WITH
WRIT PETITION (ST) NO. 8937 OF 2026
WITH
WRIT PETITION (ST) NO. 9141 OF 2026
-------
Mr. Saurabh Pakale i/b. Ms. Padmaja Malgaonkar, for the
Petitioners in Sr.No. 925, 926 and 929.
Mr. Shreekant Gavand a/w. Mr. Pandurang Gaikwad, for
Respondent Nos. 6 and 7 in Sr. No. 931.
Mr. Vivek Rane, for the Petitioners in WP No. 433 of 2026.
Ms. Sakshi Thombre i/b. Mr. Vivek Rane, for the Petitioner in Sr.
No. 927 & 928.
Mr. Ashwin Kapadnis, for Respondents in WP Nos. 433, 434, 834,
839, 835, 835, 836, 837, 1999, 2378, 2380, 2381, 2382 and 2383 of
2026 and for Respondents in WP No. 3581 of 2026.
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Ms. Sakshi Thombre i/b. Mr. Bhavesh Paithane, for the Petitioners
in WP No. 2378 of 2026.
Mr. Suvidh S. Kulkarni, for the Petitioner in Sr. No. 915, 916, 917,
918, 919, 920 & 921.
Mr. Dhanraj A. Lodha i/b. Mr. Hrishikesh Tungar in WP No. 4033
of 2026 in Sr. No. 929.
Mr. Kedar B. Dighe, for Respondent Nos. 2, 4 and 5.
Mr. P. P. Kakade, Addl. GP. a/w. Ms. D. S. Deshmukh, AGP for the
State/Respondent in Sr. No. 913.
Ms. Priyanka Chavan, for Respondent/State in Sr. No. 915.
Mr. V. G. Badgujar, AGP for State/Respondent in Sr. No. 916.
Mr. O. A. Chandurkar, Addl. GP. a/w Mr. S. P. Kamble, AGP for
State/Respondent in Sr. No. 917.
Mr. A. K. Naik, AGP for State/Respondent in Sr. No. 918.
Ms. P. N. Diwan, AGP for Respondent/State in Sr. No. 919.
Ms. N. M. Mehra, AGP for State/Respondent in Sr. No. 920.
Mr. P. P. Kakade, Addl. GP. a/w. Ms. N. M. Mehra, AGP in WP No.
16794 of 2023.
Ms. D. S. Deshmukh, AGP in WP No.16792 of 2023.
Ms. P. N. Diwan, AGP in WP No. 16793 of 2023.
Mr. A. K. Naik, AGP in WP No. 16800 of 2023.
Mr. V. G. Badgujar, AGP in WP No. 16802 of 2023.
Mr. A. R. Deolekar, AGP in WP No. 19547 of 2024.
Mr. P. P. Kakade, Addl. GP a/w. Ms. D. S. Deshmukh, AGP for
Respondent/State in Sr. No. 922.
Advocate B. V. Samant, Addl. GP. a/w Ms. P. N. Diwan in WP No.
17912 of 2025.
Ms. D. S. Deshmukh, AGP in WP No. 3631 of 2026.
Mr. P. P. Kakade, Addl. GP in WP No. 1027 of 2025.
Mr. A. K. Naik, AGP in WP No. 10271 of 2025.
Ms. N. M. Mehra, AGP in WP No. 17903 of 2025.
Mr. O. A. Chandurkar, Addl. GP in WP No. 17904 of 2025.
Mr. A. R. Deolekar, AGP in WP No. 17905 of 2025.
Ms. Priyanka Chavan, AGP in WP No. 17906 of 2025.
Advocate M. P. Thakur, a/w Mr. V. G. Badgujar, AGP in WP No.
17907 of 2025.
Ms. P. M. Deshpande, AGP in WP No. 17908 of 2025 in Sr. No.
926.
Mr. O. A. Chandurkar, Addl. GP a/w Ms. P. N. Diwan, AGP in Sr.
No. 927.
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Mr. O. A. Chandurkar, Addl. GP a/w Ms. P. N. Diwan, AGP in Sr.
No. 928.
Mr. O. A. Chandurkar, Addl. GP in WP No. 834 of 2026.
Mr. V. G. Badgujar, AGP in WP No. 835 of 2026.
Ms. Pooja Patil, AGP in WP No. 836 of 2026.
Ms. D. S. Deshmukh, AGP in WP No. 837 of 2026.
Advocate M. P. Thakur, AGP in WP No. 1999 of 2026.
Ms. N. M. Mehra, AGP in WP No. 2378 of 2026.
Mr. A. K. Naik, AGP in WP No. 2380 of 2026.
Mr. M. M. Pable, AGP in WP No. 2381 of 2026.
Advocate P. M. J. Deshpande, AGP in WP No. 2382 of 2026.
Mr. A. R. Deolekar, AGP in WP No. 2729 of 2026.
Ms. P. N. Diwan, AGP in WP No. 4038 of 2026 in Sr. No. 929.
Mr. B. V. Samant, Addl. GP a/w Mr. S. P. Kamble, AGP for
State/Respondent in Sr. No. 930.
Mr. O. A. Chandurkar, Addl. GP a/w. Ms. N. M. Mehra, AGP for
State/Respondent, in Sr. No. 931.
Mr. O. A. Chandurkar, Addl. GP a/w Mr. A. C. Bhadang, AGP for
Respondent/State in Sr. No. 932.
----
CORAM : RAVINDRA V. GHUGE &
ABHAY J. MANTRI, JJ.
DATE : 7th APRIL, 2026
P.C. :-
1. In all these matters, the similarly placed Petitioners fall
within the category of Persons with Disabilities (PwD). All these
Petitioners have been directed to subject themselves to medical
examinations, as the Department has noticed a large-scale purported
malpractice of categorisation of employees as PwD. In similar
matters, we have directed all the Petitioners to undergo fresh
medical examinations, with the rider that, after the receipt of their
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913.AS.WP.4325.2026.odt
medical reports, no precipitative action would be initiated against
any of such Petitioners.
2. In view of the above, we are passing a similar order
directing that the Petitioners shall subject themselves to such
medical examination as may be mandated by the concerned
authorities / employers. After the medical examinations, no
precipitative action would be initiated against such Petitioners solely
on the basis of any variation in the medical reports. Consequently,
the registration of FIRs, which is one of the steps contemplated by
the Respondent Authorities, as well as the orders of suspension
issued to some of the Petitioners, shall stand stayed. In other words,
all such suspension orders shall remain stayed. The Department
shall refrain from registering FIRs against such Petitioners merely
on account of any variation in their earlier medical reports and the
new medical reports.
3. The learned Additional Government Pleader, Mr.
Kakade, has fairly stated that, after this Court passed such protective
orders in the earlier batch of Petitions, the Department was
intimated of such orders. The learned Senior Advocate, Mr. Pakale,
submits that, despite the passing of such orders by this Court, those
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913.AS.WP.4325.2026.odt
who are not Petitioners before the Court, are being subjected to
orders of suspension, proposed registration of FIRs, and/or
disciplinary action.
4. We, therefore, record that such interim orders granting
protection to the Petitioners, shall apply to all similarly placed
persons, and the Department shall take note of these orders so as to
refrain from registering FIRs or issuing further suspension orders.
5. All the learned Advocates appearing in matters
transferred from the Nagpur and Aurangabad Benches and the
Kolhapur Circuit Bench, which have been clubbed before this Court
under the orders of the Hon'ble The Chief Justice of the Bombay
High Court, shall tender brief written notes of submissions, not
exceeding two pages, on the next date.
6. By consent of the parties, all these matters be listed on
9th April 2026, at 3:00 p.m., along with the other part-heard matters
group already scheduled on the said date.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
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