N N NIVANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN all these petitions except in Writ Petition No. 6515 of 1984 and W.P. 10332/86, the petitioners apart from seeking issue of a Writ in the nature of Quo Warranto directing the 3rd respondent -Sri V. Surya Prakash, State Librarian, to vacate the office of the State Librarian and also to quash the orders of transfers made by him transferring the petitioners.

(2.) IN Writ Petition 10332/86, the petitioner has only sought for quashing the order of transfer passed by Sri V. Suryaprakash transferring the petitioner. As far as W.P. 6515/84 is concerned, the petitioner has sought for the following reliefs :

(3.) POINT NO. (1): The case of the petitioners is that the Rules framed under Article 309 of the Constitution, hold good as long as no LAW covering the subject covered by such rules is passed by the Legislature ; that the Legislature while enacting the Karnataka Public Libraries Act, 1965 (hereinafter referred to as the 'Act') has specifically provided under Section 15 that all posts in the Department of Public Libraries, the State Central Library and every local Library Authority shall be by appointment of persons belonging to the Karnataka State Library Service ; that as the Director of Public Libraries (formerly known as State Librarian) is one of the posts belonging to the Karnataka State Library Service, it is not permissible for the State Government to fill up that post in exercise of its power under Rule 16 of the Karnataka Civil Services (General Recruitment) Rules, 1977 (hereinafter referred to as the 'General Recruitment Rules'); that the decision of this Court in Thammaiah v. State of Karnataka and Ors., 1983 (1) KLJ 305, cannot be held to govern the case covered by Statute : therefore having regard to substantive provision of law contained in Section 15 of the Act, the decision in in Thammiah's case is not applicable.