The main legal point established in the judgment is the importance of adhering to the statutory rules and maintaining minimum qualifications for the appointment of public officials, particularly in the context of the Director of Public Libraries.

1. Whether a Director of Public Libraries can be appointed without minimum qualification as per the statutory rules? is the question that arises for consideration in this writ petition.

2. The writ petitioner filed the present writ petition for the issuance of writ in the nature of quo warranto to show cause as to how the third respondent is holding the office of the Director of Public Libraries when he is lacking even the minimum qualification prescribed for the said post.

3. When the writ petition came up on 14.2.2011, on noticing that the petitioner has earlier filed a writ petition in W.P.No.6618 of 2011, this court directed the said writ petition to be tagged along with the writ petition. Accordingly both writ petitions came to be posted. But it was brought to the notice of this court that the previous incumbent had completed his term during the pendency of that writ petition and that the third respondent has been appointed in his place vide G.O.Ms.No.181, School Education Department, dated 21.9.2011. Hence that writ petition was dismissed as infructuous on 15.2.2012. Thereafter, when the matter came up on 16.02.2012, it was informed by the learned Advocate General that it is only an adhoc arrangement. Therefore, in the absence of regular office holder, the writ in the nature of quo warranto will not lie. But a perusal of the Government Order in G.O.Ms.No.181, School Education Department, dated 21.9.2011 did not show that there was any adhoc arrangement. On the other hand, the State Government on the basis of an administrative interest had directed several transfers and posting in respect of officers working under school education department. The third respondent being a member of the Teacher Recruitment Board and Director of School Education, was transferred and posted as the Director of Public Libraries, Chennai in the place of one K.Arivoli who was transferred and posted as a member of the Teachers Recruitment Board in the rank of the Director.

4. Taking notice on behalf of all respondents, the first respondent State has filed a counter affidavit, dated 8.3.2012. Though the third respondent was shown in his individual capacity in the writ petition, he did not file any separate counter affidavit. On the other hand, the Deputy Secretary to the Government, School Education Department who is the deponent to the counter affidavit, stated that he filed the counter affidavit not only for the first respondent, but for other respondents also. It only means, the cause of the third respondent was taken over by the first respondent State. A reply affidavit, dated 20.03.2012 has been filed by the petitioner who is the Secretary of the Tamil Nadu Library Association.

5. Before dealing with the facts involved in this case, it is necessary to set out the history behind the establishment of the legislation regarding the library as well as the role of the Director of such Public Libraries.

5.1. The UNESCO Public Library Manifesto, 1972 stated that, ‘The public library should be established under the clear mandate of law’, which is substantiated by the IFLA/UNESCO Public Library Manifesto 1994 as: ‘The public library shall in principle be free of charge. The public library is the responsibility of local and national authorities. It must be supported by specific legislation and financed by national and local government. It has to be an essential component of any long-term strategy for culture, information provision, literacy and education”.

5.2. Libraries are recorded under the Article 246 of Indian Constitution, Seventh Schedule List II of State List No.12 and the Indian Constitution (Seventh Amendment) Act, 1956, Section 27 reads, ‘Libraries, museums and other similar institutions controlled or financed by the State; ancient and historical monuments and records other than those to be of national importance’. Provision of public library service is the responsibility of the State Government as the subject matter of librarie