This writ application has been filed on behalf of the petitioner for quashing an order dated 25.8.1977, passed by the District Superintendent of Education with prior approval of the Regional Deputy Director of Education transferring the petitioner from Maiden Adarsh Middle School, Danapur to Middle School, Nasriganj, Danapur. A copy of the said order is Annexure 5 to the writ petition.

2. According to the case of the petitioner, he joined the aforesaid Maiden School, Danapur, on 17.8.1969 as Matric trained Assistant teacher. By an order dated 21.5.1975, passed by the Subdivional Education Officer Danapur, he was promoted as Acting Head-master of this school. By another order dated 4.2.1976, passed by the Chairman of Danapur Municipality, according to the petitioner, he was made permanent Headmaster of that school. However, by the aforesaid impugned order dated 25.8.1977 he has been transferred from that school. According to the petitioner, this order is illegal, arbitrary and it amounts to reduction in rank of the petitioner. It has been further stated that the petitioner filed Title suit No. 55 of 1977 in the Court of Munsif, Danapur, making a prayer to restrain the defendants from transferring the petitioner in pursuance of the aforesaid older. When the petitioner did not obey the order passed by the District Superintendent of Education, he was put under suspension by an order dated 5.1.1978, a copy whereof is Annexure 9 to the writ application. According to the petitioner, the District Superintendent of Education, who passed the order of suspension had no authority in law.

3. This case was listed before a learned Single Judge of this Court where it was stated that another writ application being C.W.J.C. No. 2328 of 1977 has been referred to Division Bench for consideration as to whether the District Superintendent of Education has got power to transfer a teacher of a Middle School which bas been taken over by the State Government under the provisions of the Bihar Non-Government Elementary Schools (Taking Over of Control) Act, 1976 (Bihar Act 30 of 1976) (hereinafter referred to as 'the Act'). On this statement the learned Judge referred this case as well to a Division Bench. It may be mentioned that the aforesaid C.W.J.C. No. 2328 of 1977 was listed before this Bench and at the time of final hearing another point was urged and the point for which it had been referred to Division Bench was not pressed and on other point that writ application was disposed of.

4. Learned counsel appearing for the petitioner firstly submitted that the petitioner was appointed on permanent basis as the Headmaster of the aforesaid Maiden Adarsh Middle, School, Danapur by the Chairman of Danapur Municipality and as such he cannot be transferred to another school as a teacher because that will amount to reduction in rank. The learned Government Pleader has drawn our attention to a judgment of Mr. Justice B. P. Jha In another case being C.W.J.C. No. 2635 of 1976, disposed of on 13.4.1977 which had been filed on behalf of the petitioner and where also this very point had been urged. While dismissing the writ application Mr. Justice B. P. Jha observed that if any vacancy occurs in future, the case of the petitioner should be considered for the post of Headmaster provided he is a senior most Assistant teacher within Danapur Municipality. From this very judgment it appears that even in earlier writ application the petitioner was held to be just an assistant teacher in one of the middle schools of Danapur Municipality and as such there is no question of his becoming a permanent Headmaster on 25.8.1977 when the impugned order of transfer was passed. This Court rejected the claim of the petitioner that he had become a permanent Headmaster by virtue of the order dated 4.2.1976, passed by the Chairman of Danapur Municipality.

5. It was then submitted that the petitioner could not have been transferred from the school to which he had been appointed In