PRINCIPAL KENDRIYA VIDYALAYA Vs. SAURABH CHAUDHARY

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Leave granted.

(3.) The appeal arises from a controversy about admission of a boy to class XI in the school from where he appeared and passed in the class X examination held by the Central Board of Secondary Education (CBSE) in the academic year 2007-08. The school declined to give him admission because his marks were lower than the cut off fixed for admission to class XI in the admission guidelines for the school. The boy, represented by his father took the matter to the Madras High Court in Writ Petition No.22472 of 2007. Before the High Court, in support of the boy's claim for admission reliance was placed on the decision of this court in Principal, Cambridge School vs. Payal Gupta, 1995 5 SCC 512 and the decisions of the Calcutta High Court in Debashish Kr. Gupta vs. State of West Bengal, 1999 AIR(Cal) 300 and the Madras High Court in D. Aravinth vs. State of Tamil Nadu,2007 4 MhLJ 400. The Madras High Court upheld the student's claim and by judgment and order dated August 16, '07 directed the school from where he passed the class X CBSE examination to admit him to class XI. This appeal is taken against the judgment of the Madras High Court.