A minor petitioner challenged a government notification declaring Gokak Falls as an urban area to claim rural quota benefits for professional course admissions. The High Court dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:14152 WP No. 106302 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF DECEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 106302 OF 2014 (GM-RES)
BETWEEN:
KUMARI GOUSIYA D/O. MOHAMAD YUSUF PEERJADE, AGE: 17 YEARS, OCC: STUDENT, BEING MINOR R/BY NEXT FRIEND FATHER MOHAMAD YUSUF S/O. JANGLISAB PEERJADE, AGE: 50 YEARS, OCC: LEGAL PRACTITIONER, R/O. NEAR SERICULTURE DEPARTMENT BUILDING, OPP: GANESH TEMPLE, AT: GOKAK, DISTRICT: BELGAUM.
…PETITIONER
(BY SRI VISHWANATH HEGDE, ADVOCATE)
AND:
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
…RESPONDENTS
(BY SRI PRAVEEN UPPAR, AGA FOR R1 TO R3; MS. SURABHI KULKARNI, ADV. FOR R4;)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE 'GOKAK FALLS' AREA IS A RURAL AREA AND NOTIFICATION ISSUED BY THE GOVERNMENT OF KARNATAKA IN PLM/156/PBA/30 ON 22.11.1965 AS PER SECTION 349(1) OF THE KARNATAKA MUNICIPALITIES ACT 1964 DECLARING GOKAK-FALLS AS A URBAN AREA HAS NO APPLICATION AND INOPERATIVE TO GOKAK FALLS AREA IN VIEW OF POPULATION OF GOKAK FALLS AREA FALLING BELOW 10,000 BETWEEN 2001 AND 2011 AS PER THE POPULATION CENSUS HELD BY THE GOVERNMENT ON 01.03.2011; FURTHER DECLARE THAT PETITIONER IS ENTITLED TO THE BENEFITS OF RURAL QUOTA WHILE SEEKING ADMISSION TO PROFESSIONAL COURSES AND OTHER BENEFITS THAT MAY BE CONFERRED BY THE STATE TO PERSONS COMING UNDER THE 'RURAL AREA CATEGORY' ON ACCOUNT OF COMPLETING SCHOOL EDUCATION FOR A PERIOD OF 10 YEARS STARTING FROM I TO X STANDARD; ISSUE WRIT OF MANDAMUS AGAINST RESPONDENT NO.6 TO ISSUE RURAL STUDY CERTIFICATE IN FAVOR OF THE PETITIONER FOR ENABLING HER TO CLAIM THE BENEFIT OF RURAL RESERVATION UNDER THE RURAL QUOTA FOR THE PROFESSIONAL COURSES.
THIS PETITION, COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner is the resident of Gokak and has filed the
writ petition with the following prayers:
starting from I to X standard in the interest of justice and equity;
cause title indicates that she is a resident of Gokak and
admittedly, Gokak is an Urban Area.
hereby dismissed.
Sd/JUDGE
gab ct-mck List No.: 1 Sl No.: 66
1 issue framed by the court
Whether a petitioner is entitled to seek declaration of an area as rural to claim rural reservation benefits by challenging the State Government's classification of Gokak as an urban area.
Kumari Gousiya D/o. Mohamad Yusuf Peerjade
State of Karnataka
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
