Rajagopala Ayyangar, J.-This is a petition for the issue of a writ of quo warranto. questioning the validity of the appointment of Sri P. Arumugha Mudaliar, who has been impleaded as the first respondent, as the Inspector-General of Registration, Madras, by the State Government named as the second respondent.

The ground of attack is based on the allegation, that Article 320(3)(b) of the Constitution has been violated, in that the State Government did not consult the Public Service Commission before making the impugned appointment. Arumugha Mudaliar was an Assistant Secretary to the Government, and by an order, dated 17th March, 1954, the Government of Madras appointed him to the office of the Inspector-General of Registration with effect from 18th April, 1954. The affidavit in support of the petition conceded that under Article 320(3)(b) of the Constitution the Madras Public Service Commission had to be consulted when recruitment was made to the post of Inspector-General of Registration by transfer from the cadre of Deputy Collectors and Assistant Secretaries to Government, though no consultation was necessary when the office was filled up by promotion of a holder of an office of a

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