IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10677 of 2009 1. SHASHI BHUSHAN SHARMA, son of Bagwan Sharma, resident of Mohalla- Tilha Mahavir Asthan, P.S. Civil Lines, District Gaya for and on behalf of his minor son namely Shiv Shankar (Petitioner no.2) 2. Shiv Shankar, minor son of Shashi Bhushan Sharma, resident of Mohalla- Tilha Mahavir Asthan, P.S. Civil Lines, District Gaya through his natural guardian namely petitioner no.1. . . . . . . . Petitioners. Versus 1. NATIONAL INSTITUTE OF OPEN SCHOOLING (Formerly National Open School) through its Director, A-24/25, Institutional Area, Sector- 62, Noida (U.P.) 2. The Director, National Institute of Open Schooling, A-24/25, Institutional Area, Sector-62, Noida (U.P.) 3. The Director (Evaluation), National Institute of Open Schooling, A- 24/25, Institutional Area, Sector-62, Noida (U.P.) 4. The Regional Deputy Director Education NIOS, Regional Office, Lalit Bhavan, ground floor, Jawahar Lal Nehru Marg, Baily Road, Patna, Bihar. . . . . . Respondents. For the Petitioner : M/s Md. Nadim Siraj Shailesh Kumar, Advocates For the Respondents : Mr. S. N. Pathak, Advocate ----------- 2/ 26.08.2009 Heard learned counsel for the petitioners and the State. Petitioner no.1 is father of petitioner no.2 and this writ application has been filed asserting that petitioner no.2 appeared in the Senior Secondary School Examination, 2009 in all the papers but in the mark-sheet dated 09.06.2009 (Annexure-1) he has been marked absent in physics paper. In this connection reliance is placed on the attendance sheet dated 06.03.2009 (Annexure-2) to assert that on the date of examination of physics paper petitioner had appeared in the examination and submitted his answer sheet. In this connection, petitioner has filed representation dated 01.07.2009 which has been duly forwarded by the Principal of the School, who also happened to be the Centre Superintendent to the Regional Deputy Director. Let the Regional Deputy Director to whom the - 2 - representation dated 01.07.2009 (Annexure-3) is addressed and was received on 02.07.2009 as would appear from the receipt as contained in Annexure-3 consider the same and dispose of in accordance with law as early as possible, in any case within one month from the date of receipt / production of a copy of this order. It goes without saying that if the representation is allowed then within the same time the correct mark-sheet is issued to the petitioner. This writ application is, accordingly, disposed of. Uday/ (V. N. Sinha, J.)