JUDGMENT
B.J. Shethna, J.
1. Heard the learned Counsel Mr. Bora for the petitioner.
2. Learned Counsel Mr. Bora submitted that the respondent school has stopped giving admission in Standard XIth to the students of its own school who have secured less than 65% marks in Standard Xth. He also submitted that in writ petition No. 3012/99 filed by a student who secured 62% marks in Secondary School Examination of 1999 has been given provisional admission under the orders of this Hon’ble Court passed on 23.8.1999. Similarly, in case of other students who have secured 62.5%, 62% and 59.5% marks, admissions were given, therefore, he submits that the student – Kumari Yogita Sharma, daughter of the present petitioner, who has secured 57.33% marks in Standard Xth, be also given provisional admission with the respondent school.
3. It is true that while issuing notice to the respondents, by interim order this Court directed the respondent school to give admission to those students who have secured 63%, 62.5%, 62% and 59.5% marks. However, the student who secured 59.5% marks was given the benefit of round figure of 60%. However, this Court cannot go below 60% marks as those students who have secured 60% and above marks have been given provisional admission because they were First Class Students. Thus, a cut off line has to be adopted by this Court while passing the interim order to give admission to the students who had studied in that school and passed Secondary School Examination in 1999. Thee is a rationality behind this because all other students who have secured less than 60% marks may also come and seek admission in his or her school which will not be on the interest of justice and it will not be possible for the respondent school to accommodate each and every student. It is true that it is a harsh case but this Court cannot help the petitioner in view of the facts stated above.
4. In view of the above discussion, this petition fails and is hereby dismissed.