JUDGMENT AFTAB ALAM, J.

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 boys 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, AIR 1999 Cal. 300 and the Madras High Court in D. Aravinth vs. State of Tamil Nadu, (2007) 4 M.L.J. 400. The Madras High Court upheld the students 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.

4. The relevant facts are few and may be stated thus. The boy, Saurabh Chaudhary, was earlier a student of Kendriya Vidyalaya (Central School), C.L.R.1 up to class VIII. Thereafter, he moved to Kendriya Vidyalaya No.2 (Central School No.2), AFS, Tambaram, Chennai because his father shifted his residence from Tiruvanmiyur to Medavakkam. He passed the class X CBSE examination from Central School No.2, AFS, Tambaram. The boy is a sports person and he is said to have won a trophy in cricket and five gold and six silver medals in athletics. Unfortunately he was unable to give matching results in studies. His marks in the class X CBSE examination cannot be said to be very good by current standards. His marks were as follows:

"English : 80/100

Hindi : 70/100

Mathematics : 39/100

Science : 46/100

Social Science : 50/100"

He was, however, declared pass without difficulty, 33% being the pass marks for the CBSE examination. He wanted to continue in class XI that school, taking Physics, Chemistry and Mathematics, comprising science stream with Mathematics but was denied admission because his class X marks were lower than the cut off prescribed in the guidelines for admission to class XI in those subjects in Central Schools.

5. Coming now to the school, Central School No.2, AFS, Tambaram, is one of a large number of schools established and run by Kendriya Vidyalaya Sanghathan. The Sangathan is an autonomous body set up by the Ministry of Human Resources Development and registered as a society under the Societies Registration Act, 1860. All the Central Schools are governed by the regulations and guidelines framed by the Sanghathan. Here it is important to note that in Central School No.2. AFS, Tambram science stream with Mathematics is the only course being taught in classes XI and XII. But there are other Central Schools in Chennai where apart from science stream with Mathematics other courses in Commerce and Humanities streams are also available. It is also relevant to note that though the boy was denied admission in Central School No.2 AFS, Tambram, he was offered admission in another Central School in other courses commensurate to his class X marks.

6. Mr. Patwalia learned Senior Counsel appearing for the appellants submitted that the three-judge-bench decision of this Court in Principal Cambridge School vs. Payal Gupta (supra) had no application to the facts of the case in hand and the High Court was in error in up holding the claim of the respondent student on the basis of that decision. Learned Counsel submitted that in Payal Gupta what came under consideration was a circular issued by the principal of a private unaided school in Delhi fixing cut off marks for admission in class XI for the students passing the class X exa