JUDGMENT The petitioner who is a student and had appeared in 8th class Board Examination conducted by the State approached this Court in W.P. 3640/97 with a grievance that although in the mark sheet issued to him he was declared to have passed the examination in third division with grace marks in English but subsequently when he applied for the transfer certificate, the Headmaster of the school in the certificate has shown him to have obtained supplementary in one of the papers. In the above writ petition an exparte order against all the respondents including the Headmaster was passed at the motion stage of the case on 16.10.97. The only direction issued was as under :- "The petition is disposed of with directions to respondent no. 4, Headmaster, Govt. Junior High School, Panti, Sub-Division Hanumana, Distt. Rewa to pass orders on petitioner's application (Annexure-p/3) and if the facts mentioned in the application are correct, to issue a corrected Transfer certificate." By this contempt petition punitive action is sought against the Headmaster stating that despite the directions of this Court the corrected transfer certificate was not issued and thereby the petitioner has lost one precious academic year. On behalf of the Headmaster a detailed reply has been filed and at the time of hearing an order passed by him on 19.2.98 duly communicated to the petitioner by post, has also been produced. On behalf of the Headmaster it is explained that in ignorance and unmindful of the existing circulars of Dy. Director (Education), mark sheet showing the petitioner to have passed with grace mark was issued. The other students similarly situated who had also been issued mark sheets of having passed with grace marks were advised to re-deposit the mark sheet and appear in the supplementary examination. By that time the petitioner had already been issued a mark list as also a transfer certificate. According to the Headmaster as and when he or his father approached to him they were advised to take up the supplementary examination as under the existing instructions issued by the Education Department (Annexures C-4 & C-3) the candidates having been awarded grace marks in subject English had to take up a supplementary examination. The learned counsel for the petitioner submits that there has been delay in deciding the petitioner's representation under the directions of this Court and thereby the petitioner has lost one academic year. The learned counsel for the petitioner submits that there has been delay in deciding the petitioner's representation under the directions of this Court and thereby the petitioner has lost one academic year. There is some force in the complaint but it has been explained in the reply submitted by the Headmaster that after he was served with the copy of the order containing directions made by this Court, he took some time to seek advice and instructions in the matter from the superior authorities. He took steps more carefully in the matter as under the subsequent instructions, any infraction of the circular was to result in some disciplinary action against the Head of the Institution. The delay thus has been explained. The order made by this Court was exparte and in the absence of full facts before this Court, the Headmaster as contemner in this case has produced the two circulars of the Department on the basis of which he had acted. The representation made by the petitioner has also been decided although after some delay. For the aforesaid reason, it cannot, however, be held that the Headmaster is guilty of any contempt so as to deserve any punitive action. The contempt notice is discharged.