MOHAMMED ASHRAF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioners have sought for a direction to the second respondent-Block Education Officer, Shahapur to issue rural study certificate to them. A direction is also sought to the third respondent- The Karnataka Examinations Authority/C.E.T. Cell, Bangalore to allow the petitioners to avail the benefit of reservation in the seat allotment process as rural candidates.

(2.) Government Advocate who was directed to take notice has secured necessary instructions and the third respondent is served as per the order passed by this Court permitting the petitioners to take out hand summons on the Public Relations Officer, C.E.T. Cell, Gulbarga. Since the matter is urgent and the result of this writ petition has bearing on the Counselling to be conducted on 11-06-2009, the matter is taken up for final disposal.

(3.) Learned Counsel appearing for the petitioner Sri. Ameet Kumar Deshpande, places reliance on the brochure-cum-application format for admission to professional courses issued by the competent authority and contends that, as can be seen from Appendix-Ill to the brochure, candidates who have studied in rural areas are given the benefit of rural category and the said benefit is given to those candidates who have studied 10 full academic years continuously from 1st standard to 10th standard in places other than the places mentioned in Appendix-III. It is also stated therein that, if candidates have studied in such places from 1st standard to 10th standard before the date of Notification as urban area, such candidates are eligible to claim rural reservation benefit. Apart from this, reference in Appendix-III there is no reference to any rule, regulation or enactment based on which reservation benefit of rural category is given to the students who have studied in rural areas.