- 1 - HC-KAR NC: 2026:KHC-D:822 WP No. 106016 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 106016 OF 2014 (S-PRO) BETWEEN: SRI. G.K.KATTIMANI S/O. KARIYAPPA AGE: 58 YEARS, NOW WORKING AS LIBRARIAN, MUNICIPAL ARTS COLLEGE, LAXMESHWAR, DIST: GADAG. …PETITIONER (BY SRI. S.M.KALWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF EDUCATION, COLLEGIATE EDUCATION, M S BUILDING, BANGALORE-01, REP. BY ITS SECRETARY. 2. THE COMMISSIONER OF COLLEGIATE EDUCATION, M S BUILDING, BANGALORE-01. 3. THE REGIONAL JOINT DIRECTOR OF COLLEGIATE EDUCATION, MAIN VIDHANA SOUDHA, DC COMPOUND, DHARWAD. 4. MUNICIPAL ARTS COLLEGE, LAXMESHWAR REP. BY ITS PRINCIPAL, TQ: LAXMESHWAR, DIST: GADAG. …RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA FOR R1 TO R3; NOTICE TO R4 IS DISPENSED WITH V/O DATED 10.09.2014) MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.28 10:36:07 +0530 - 2 - HC-KAR NC: 2026:KHC-D:822 WP No. 106016 of 2014 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 05/03/2013 MADE IN APPEAL NO. 05/2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-H AND ALSO QUASH THE CONSEQUENTIAL ORDER DATED 30/07/2011 MADE IN NO.PÁ²E/¥ÁæPÀzÁ/43/2011-12/1674/1/3/2011 PASSED BY THE 3RD RESPONDENT VIDE ANNEXURE-F AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER This writ petition is directed against the endorsement/order passed by the respondent-authorities, rejecting approval of the petitioner's promotion to the post of Librarian, the petitioner seeks quashing of the impugned endorsement and the consequential direction to approve his promotion by placing reliance on the Government order dated 03.10.1981. 2. The core issue that arises for consideration is whether petitioner can claim promotion to the post of Librarian on the basis of the said Government order, notwithstanding that subsequent revision Cadre of Recruitment Rules in 2009 (‘Rules, 2009’ for short) vide Government notification dated - 3 - HC-KAR NC: 2026:KHC-D:822 WP No. 106016 of 2014 25.09.2009 prescribing direct recruitment as the sole mode of appointment. Brief facts: 3. The petitioner was appointed as a Assistant Librarian in private aided college. Upon retirement of the incumbent Librarian, the management of the institution resolved to promote the petitioner to the post of Librarian and forwarded a proposal seeking approval from the competent authority. The said proposal was rejected by the Regional Director, on the ground that under the Rules, 2009, the post of Librarian is required to be filled only by way of direct recruitment. 4. Aggrieved, the petitioner earlier approached this Court, which relegated him to avail the statutory appellate remedy. The appeal preferred under Section 130 of the Karnataka Education Act, 1983 (‘Act’, for short) was dismissed by the Education Commissioner, holding that after the Rules, 2009, promotion to the post of Librarian is impermissible. - 4 - HC-KAR NC: 2026:KHC-D:822 WP No. 106016 of 2014 Questioning the said endorsement and appellate order, the petitioner has filed the present writ petition. 5. Learned counsel appearing for the petitioner contends that the petitioner fulfils all the eligibility criteria and possesses requisite qualification for post of Librarian. He further submits, that the Government order dated 03.10.1981, permits filling up of the post of Librarian by promotion from cadre of Library Assistant, and the said Government order continues to hold the field. It is submitted that similarly placed employees in other institutions were promoted to post of Librarian and denial of similar benefit to the petitioner is arbitrary and discriminatory. 6. It is contended that the management being the appointing authority, was justified in promoting the petitioner against a clear vacancy caused by superannuation and the impugned endorsement and the appellate order are the illegal, arbitrary and liable to be quashed. 7. Per contra, the learned Additional Government Advocate appearing for the State submits that with the - 5 - HC-KAR NC: 2026:KHC-D:822 WP No. 106016 of 2014 introduction of University Grants Commission (UGC) pay scales and revised norms, the cadre and recruitment rules, governing the post of Librarian were amended in 2009. Under the revised Rules, 2009, the post of the Librarian is classified as the post to be filled exclusively by direct recruitment. The earlier Government order dated 03.10.1981 stood eclipsed and cannot be relied upon after the statutory rules came into force. 8. The promotion of the petitioner was effected after the revised rules came into operation and is therefore contrary to law. It is argued that the impugned endorsement and appellate order are strictly in accordance with law prevailing statutory rules and calls for no interference. 9. This Court has carefully considered the contentions urged and perused the material on record. 10. The petitioner's claim for approval or promotion to the post of Librarian is founded primarily on Government order dated 03.10.1981. The Rules, 2009 was amended and brought into force, prescribing direct recruitment as the exclusive - 6 - HC-KAR NC: 2026:KHC-D:822 WP No. 106016 of 2014 mode of appointment to the post of Librarian, the earlier Government order of the year 1981 stood superseded and ceased to have an enforceable effect. 11. It is also not in dispute that the vacancy in question arose and promotion was effected after the revised Cadre and Recruitment Rules had come into operation. Therefore, the petitioner's case is squarely covered by the amended Rules, 2009, which was in force on the relevant date. Under the revised rules, there is no permission for promotion to the post of Librarian, and consequently, the petitioner did not acquire any vested or accrued right to seek promotion contrary to the statutory framework. 12. The contention of discrimination based on allegations of alleged promotion granted to similarly placed person is also untenable. Negative equality is impermissible in law, and any appointment or promotion made in violation of statutory rules cannot be relied upon to claim parity. The post of Librarian has been brought within the academic framework requiring adherence to recruitment by direct selection. A - 7 - HC-KAR NC: 2026:KHC-D:822 WP No. 106016 of 2014 requirement duly reflected in the Rules, 2009 by Government notification dated 25.09.2009. Impugned endorsement has been issued after due consideration of the applicable rules and is neither arbitrary nor illegal. 13. In these circumstances, this Court finds that the impugned endorsement is fully justified and warranting no interference. Accordingly, this Court pass the following: ORDER The writ petition is dismissed as devoid of merits. Sd/- JUSTICE K.S.HEMALEKHA AT Ct:VH List No.: 1 Sl No.: 39