IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10444 of 2009 AASTHA KUMARI Versus THE CENTRAL BOARD OF SECONDARY EDUCATION & ORS. ----------- 3. 05.11.2009 Heard learned counsel for the petitioner, for the CBSE and for the Principal, Nazareth Academy. The controversy in this case with regard to fixation of cut off marks for students of Class X denying them admission to Class XI in the same Institution stands settled by the Supreme Court in 2009(1) PLJR 70 (SC). Learned counsel for Nazareth Academy submits that if the petitioner was to be given admission now on the basis of the judgment of the Apex Court, it may open flood gate of problems for the Institution as persons with higher marks than the petitioner but were denied admission may start staking their claim. One who is vigilant about his rights cannot be equated with those who are not vigilant. Those who are not vigilant and indulged in fence sitting awaiting the orders of the Court with regard to similarly situated others can be denied relief for not having moved the Court in time. That is what distinguishes the petitioner from those on whose behalf the Principal has apprehension. The writ petition has to be allowed in terms of the orders of the Supreme Court and the Principal, Nazareth Academy is directed to take admission of the petitioner in Class XI in the only available Science stream in the School in Sessions 2009-2010. The writ application stands disposed. AKS/ (Navin Sinha, J.)