JUDGMENT S.K. Gangele, J. 1. The appellant has filed this appeal against the order dated 24-9-2012 passed by the learned Single Judge in W.P. No. 5090/2012. The respondent No. 1 was the student of Jawahar Navodaya Vidyalaya, Jaida, Sheopur. She appeared in Class X examination for the session 2010-12 and secured CGPA of 6.8 amounting to 68% in total. Respondent No. 1 made a request to the authorities of the school that she be permitted to continue her studies in Class XI with Science, Bio stream. However, the school authorities advised respondent No. 1 that it was not possible to grant admission to her in Science Bio stream because she could not get required percentage of marks and the authorities advised her that she can pursue her study from Arts stream at Jawahar Navodaya Vidyalaya, Rajgarh. The authorities further submitted that the minimum prescribed grade points for Science stream were 7 grade points in Science in Class X examination. When she was not granted admission in Science stream at Jawahar Navodaya Vidyalaya Jaida, Sheopur, she filed a writ petition before this court. 2. The learned Single Judge allowed the writ petition after relying on the judgment of the Hon'ble Supreme Court in the case of Principal, Kendriya Vidyalaya and others vs. Saurabh Chaudhary and others, reported in AIR 2009 SC 608 and directed the appellant school to grant admission to the respondent No. 1 in Class XI in Science Bio stream. 3. Learned senior counsel appearing on behalf of the appellant contended that the order passed by the learned Single Judge is contrary to law. There are limited seats available in Jawahar Navodaya Vidyalaya Jaida, Sheopur in Class XI and as per merit list the respondent No. 1 could not get admission in the aforesaid stream. Hence, she has been offered admission in Arts stream in another Navodaya Vidyalaya. Learned senior counsel further submitted that the learned Single Judge has wrongly relied on the judgment of the Hon'ble Supreme Court in the case of Saurabh Chaudhary (supra). 4. Contrary to this, learned counsel for respondent No. 1 has contended that the respondent No. 1 has a right to education and she could not be denied the admission in higher class on the basis of marks obtained by her. 5. The respondent No. 1 received total 68 grade points in Class X examination conducted by the Central Board of Secondary Education. 5. The respondent No. 1 received total 68 grade points in Class X examination conducted by the Central Board of Secondary Education. She received following marks: 6. Navodaya Vidyalaya Samiti, Regional Office, Bhopal communicated all the schools the criteria for grant of admission in various streams vide letter dated 1st May, 2012, a copy of which has been filed as Annexure R/1. As per the criteria, for getting admission in Science stream without maths 7.0 Grade Point in Science is necessary. There are 41 seats available at Jawahar Navodaya Vidyalaya Jaida, Sheopur for Science with Maths and Bio. 33 seats are for Maths with Science and 8 seats are for Bio with Science. 7. The appellant produced a chart before the writ court as Annexure R/2 and the students, who had received higher percentage of marks, in accordance with their choice have been allotted Science Stream with Maths and Bio and rest of the near about 32 students, who received lower marks, have been allotted Commerce and Arts Stream. The respondent No. 1 was placed at S. No. 31 because her overall GP was 25 and she was the second lowest. Accordingly, she is offered a stream of Arts at another school i.e. Jawahar Navodaya Vidyalaya, Rajgarh. 8. The object of establishment of Navodaya Vidyalaya has been mentioned in the memorandum of Association of the Society, which is as under: (i) To provide good quality modern education-including a strong component of inculcation of values, awareness of the environment, adventure activities and physical education to the talented children predominantly from the rural areas without regard to their family's socioeconomic condition. 9. From the Memorandum of Association of the Society, it is clear that the object of establishment of Navodaya Vidyalaya in each of the District is to provide quality education to the children. The admission and the procedure of admission is as under: ADMISSION Admission in Navodaya Vidyalayas are made at the level of Class-VI through a test conducted by Central Board of Secondary Education (CBSE) on All India basis. However, provision is also made for lateral entry of students in Class-IX & XI The medium of the test is in 21 Indian languages. It is non-verbal and objective in nature and is so designed that talented children from rural areas are able to compete without suffering from any disadvantage. However, provision is also made for lateral entry of students in Class-IX & XI The medium of the test is in 21 Indian languages. It is non-verbal and objective in nature and is so designed that talented children from rural areas are able to compete without suffering from any disadvantage. All the children who have studied and passed Class-V from any Govt. School/Govt. Recognised School of that district and are between 9 and 13 years of age are eligible to appear in entrance test for Class-VI. The child should have studied in-Class-III, IV and Class-V in the same district. Thus, it is clear that the admission in Navodaya Vidyalaya is on the basis of assessment of the performance of the students. There are only 41 seats available at Jawahar Navodaya Vidyalaya, Jaida, Sheopur for the students who want to opt Science stream with Maths and Bio. If the respondent No. 1 is granted admission in the aforesaid stream of Science and Bio, then certainly another student, who is more meritorious than the respondent No. 1, could not get admission in the aforesaid stream. In our opinion, it would not be appropriate and contrary to the Article 14 of the Constitution of India because it would give an unfair advantage to the respondent No. 1, who admittedly did not secure higher marks. 10. Hon'ble Supreme Court in the case of Saurabh Chaudhary (supra) has held as under in regard to denial of admission in Class XI: A Central School cannot deny admission to class XI to one of its own students on ground that he/she failed to secure the cut-off marks in the class X CBSE examination. There can be no objection to a school laying down cut-off marks for selection of suitable stream/course for a student giving due regard to his/her aptitude as reflected from the class X marks where there are more than one stream. But it would be quite unreasonable and unjust to throw out a student from the school because he failed to get the cut-off marks in the class X examination. After all the school must share at least some responsibility for the poor performance of its student and should help him in trying to do better in the next higher class. But it would be quite unreasonable and unjust to throw out a student from the school because he failed to get the cut-off marks in the class X examination. After all the school must share at least some responsibility for the poor performance of its student and should help him in trying to do better in the next higher class. The school may of course give him the stream/course that may appear to be most suitable for him on the basis of the prescribed cut-off marks. The judgment of the Hon'ble Supreme Court is in regard to the Central School, but in the present case, the admission required is in Navodaya Vidyalaya. Hon'ble Supreme Court in the case of Saurabh Chaudhary (supra) has specifically observed that the school may of course give him stream that may appear to be most suitable for him on the basis of prescribed cut-off marks. In the present case, Navodaya Vidyalaya Samiti offered respondent No. 1 admission in another Navodaya Vidyalaya Rajgarh in Arts stream because she got less marks and she is placed just last but one in the bottom of the list of the school. Navodaya Vidyalaya Sheopur has only 41 seats for Class XI students. It has no facility of study from Arts stream. In such circumstances, the appellant offered admission in another Navodaya Vidyalaya, which has Arts stream. Navodaya Vidyalaya is a residential school and the Government is incurring all the expenses of a student including lodging and boarding, hence, it cannot be presumed that the respondent No. 1 would get any hardship at another school. If the respondent No. 1 is given admission at Navodaya Vidyalaya, Jaida, Sheopur, then she would get an unfair advantage and another meritorious candidate has to suffer, it would be contrary to the constitutional scheme and it would also be against Article 14 of the Constitution of India. Hence, the appeal filed by the appellant is hereby allowed. The impugned order passed by the learned Single Judge is hereby quashed. No order as to costs.