IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9927 of 2010 1. ARAVIND KUMAR, S/O SHRI RAM HULASH PRASAD YADAV, R/O VILLAGE BISAHI, P.O. MASTICHAK VIA PARSA, P.S. DARIYAPUR, DISTRICT-CHAPRA. Versus 1. THE STATE OF BIHAR. 2. SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT,GOVT. OF BIHAR, PATNA. ----------- For the Petitioner: M/sRajeev kumar,Nalin kumar and Vinod Kumar. For the State : Mr. Prahalad Kumar Bhagat,A.C., to AAG-5. 2 20/8/2010 Petitioner is a teacher and at present posted as Acting Headmaster of Sarvoday High School, Mastichak, District- Saran. He was appointed under District Board Secondary and Higher Secondary Teachers (Appointment and Condition of Service) Rule, 2006. He challenges the order of Deputy Development Commissioner, Saran by which he has been transferred and posted as teacher in another school and that too on different subject though under the same District Board (Zila Parishad). Learned counsel for the petitioner states that in view of rule 10(1) of the rules aforesaid, the post of such teacher is specifically a non transferable post but proviso rule 10(i) gives option to the teachers to seek transfer twice in his career, that too,after three years of the appointment. The option is with the teachers and not any authority otherwise no provision for transfer. Heard learned counsel for the petitioner and perused 2 the rule, in question, in my view, the submission of the petitioner is correct and must be accepted . The rules are clear and specific. If rules make rule in relation to transfer then the authority cannot act otherwise . It is well settled principle of law that when a procedure has been prescribed to do anything in a prescribed manner, the things must be done in that manner and all other modes are prohibited. In this connection reference may be made in the case of Hukum Chand Shyam Lal –v- Union of India & ors. since reported in AIR 1976 SC 789 and in particular para 18. In that view of the matter I am left with no option but to quash the impugned order of Deputy Development Commissioner, Saran, as contained in Annexure 3 to the writ petition, being order as communicated under memo no. 1280 dated 12th June,2010. The writ petition is accordingly allowed. singh ( Navaniti Prasad Singh, J.)