NO, it is not.
Consider this hypothetical dataset of 10 observations.
1 2 3 4 5 6 8 8 8 8
Let your height be the bolded 7th observation i.e., 8.
If I say that 30% of people in dataset are taller than you, will it be correct?
Answer : NO
Because no person is taller than you.
The assumption you have taken that all observations in dataset are different is wrong.
The question has not asked "Which among the following options CAN BE correct?" (high probability answer)
It has asked "Which among the following options IS/ARE correct?" (100% correct answer)
I hope this clears things up for you