Judgment :- Patil, J. 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 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-III 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. 4. The meaning of the term rural area or rural category is not mentioned. However, in Chapter 3 of the brochure referring to rural study certificate it is mentioned that, the candidates who claim seat under rural category will have to obtain a rural study certificate from the respective school/high school issued by the Head of the Institution which should be counter signed by the concerned Block Education Officer (BEO) as per the format shown at page 48. It is also mentioned therein that, general merit candidates who claim seat in rural category should also submit an income certificate issued from the concerned Tahasildar along with rural study certificate as per format shown at page 48. At page 48 of the brochure proforma for rural study certificate is enumerated. The proforma reads as under: Karnataka 5. Appendix-III mentions names of different places, which do not come under the purview of rural areas. Since we are concerned with Gulbarga District, at Sl.No.6 of Appendix-III the places which are shown as not coming under the purview of rural area in this district are mentioned as under: Gulbarga, Chittapur, Aland, Sedam, Shahabad, shahapur, Shorapur, Yadgir, Wadi, Gurumitkal, Jewargi, Chincholi, Afzalpur. 6. Taking assistance of Appendix-III, Sri. Ameet Kumar Deshpande contends that, if a candidate has studied in any of the places in Gulbarga District other than those mentioned at Sl.No.6 then those students will be entitled for the benefit of rural study certificate and the benefit of reservation provided. He further contends that, even in respect of these places if the candidates have studied from 1st standard to 10th standard before the date of the Notification of these areas as urban areas, such candidates are eligible to claim rural reservation benefit. This argument is no doubt, consistent with what is mentioned in Appendix-III and if Appendix-III is the only determining factor to find out who is rural candidate then petitioners should succeed. It is in this background, that the Court put a question to the petitioners as to under what power or authority, while preparing the brochure, reservation to rural category is provided. The Court wanted to know the basis for such reservation that can referable to rules, regulations or enactment made in this regard. Neither the petitioners nor the Government Advocate is in a position to refer to any other basis for this reservation except the one provided under the Karnataka Reservation of Appointments or Posts (in the Civil Services of the State) for Rural Candidates Act 2000. It is in this enactment that the Legislature has provided reservation of appointment or posts for rural candidates. It is in this enactment that the Legislature has provided reservation of appointment or posts for rural candidates. The expression “rural candidate” is also defined in sub-Section 2 of Section 2, which reads as under: “Rural candidate means a candidate who has studied i) from first standard to tenth standard where the qualifying examination prescribed for a post is S.S.L.C. or higher; or ii) from first standard to qualifying examination where the qualifying examination prescribed for a post is lower than S.S.L.C. Note: In a schools situated in any area other than a larger urban area, smaller urban area or transitional area specified under the Karnataka Municipal Corporations Act 1976 or the Karnataka Municipalities Act 1964.” 7. It is in this background that the Examinations Authority while issuing brochure conceived of the reservation to the rural candidates and insisted for rural study certificate. In is in this background only, that the format of the certificate to be obtained showing rural study from the Headmaster of the high school counter signed by the Block Education officer (BEO) concerned is prescribed. As can be seen from the format of the rural study certificate required to be produced shown at page 48 of the brochure, it is mentioned that the authority issuing certificate must certify that during the period when the candidate pursued his studies in the places concerned as per provisions of the Karnataka Municipalities Act 1976 and the Karnataka Municipal Corporations Act 1976 the place did not fall in the category of urban area, smaller urban area or transitional area and that it fell in an altogether different area. If the Examinations Authority did not have in their mind the definition of the term rural candidate as mentioned in Karnataka Reservation of Appointment or Posts (in the Civil Services of the State) for Rural Candidates Act 2000, they would not have insisted for production of a certificate in the format prescribed at page 48 of the brochure. If the Examinations Authority did not have in their mind the definition of the term rural candidate as mentioned in Karnataka Reservation of Appointment or Posts (in the Civil Services of the State) for Rural Candidates Act 2000, they would not have insisted for production of a certificate in the format prescribed at page 48 of the brochure. Therefore, in the light of the requirement mentioned in page 48 of the brochure to produce a rural study certificate obtained from the Headmaster, counter signed by the Block Education Officer (BEO) certifying that the area where the student has studied from 1st standard to 10th standard falls outside urban, smaller urban or transitional area, the in escapable conclusion is that, if there is a Notification showing that the students have studied in an area as notified by issuing a Notification as contemplated under Section 349 of the Karnataka Municipalities Act 1964 as is the case in the case on hand then they cannot be held entitled for the benefit of rural study certificate. 8. Section 349 of the Karnataka Municipalities Act states that, having regard to the factors mentioned in Clause –(a)(b)(c)(d)(e) and (f) of sub-Section 1 of Section 349 and subject to the provisions of Section 9 of the Governor may specify, by Notification, ay area to be a transitional area. In the instant case, as contended by the Learned Government Advocate and as is clear from the Notification issued, a copy of which is produced along with a memo, by a Notification dated 30-10-1984 published in the Karnataka Gazette dated 31-10-1984, Bheemarayana Gudi is declared as notified area, in exercise of the powers conferred by sub-Section 1 of Section 349 of the Karnataka Municipalities Act 1964. The declaration is made with effect from 1-11-1984. In view of this Notification, it is to be stated that, the petitioners cannot be termed as rural candidates or students who can claim rural study certificate. 9. From a reading of Section 2 of the Act and from a conjoint reading of the Act and Appendix-III of the brochure including the format of the rural study certificate which is required to be produced as per the brochure itself, it becomes clear that a student who has studied in an area which is notified as a transitional area at the time of his study cannot be treated as a rural candidate. In the light of the discussion made above, the relief sought in the Writ Petition cannot be granted. The petition being devoid of merits is therefore dismissed.