1 Civil Application No.4062/2011 in Contempt Petition No.253/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.4062 OF 2011 IN CONTEMPT PETITION NO.253 OF 2010 Shankar s/o Sitaram Waghmare ... APPLICANT VERSUS Shaikh Yakub s/o Shaikh Ayub & ors. ... RESPONDENTS ..... Shri S.R. Choukidar, Advocate holding for Shri V.S. Panpatte, Advocate for applicant Shri A.S. Deshmukh, Advocate for respondents 1 & 2 Shri V.H. Dighe, A.P.P. for respondent No.3. ..... CORAM : K.U. CHANDIWAL, J. DATE : 18th April, 2011. PER COURT : 1. Heard. Imposition of costs by order dated 9.12.2010, finding non compliance of Court directions, is sought to be recalled. The affiant Education Officer has offered the explanation for the mistake committed by him in not preparing the seniority list in time on the basis of date of acquiring 2 Civil Application No.4062/2011 in Contempt Petition No.253/2010 training qualification by the concerned teachers and in particular, in the light of Full Bench judgment of this Court, reported in 2006(6) Mh.L.J. 682 (Vaijanath s/o Tatyarao Shinde Vs. Secretary, Marathwada Shikshan Prasarak Mandal, Devgiri College Campus, Aurangabad & ors.). 2. It is informed by Mr. Choukidar and not disputed by Mr. Deshmukh that such correction in the seniority list is effected by the applicant/ Education Officer, may be belatedly, on 9.12.2010. 3. The imploring from the applicant is, the imposition of costs of Rs.5000/- payable to each of the respondent Nos.1 and 2 would impair his service prospects. 4. Mr. Deshmukh has left the issue to the discretion of this Court to recall the order. 5. Mr. Choukidar, on the instructions of the applicant, submits that, the costs of Rs.5000/- to each of the respondent Nos.1 and 2 paid earlier shall not be claimed from the respondents in the Civil Application. 3 Civil Application No.4062/2011 in Contempt Petition No.253/2010 6. Considering the order being complied with, seniority list being published, the imposition of costs of Rs.5000/- to the applicant may create obstacle in service career of the applicant/ Education Officer, the order dated 9.12.2010 to the extent of imposition of costs of Rs.5000/- payable to each of the respondent Nos.1 and 2 is recalled. Application allowed. K.U. CHANDIWAL JUDGE fmp/ca4062.11