IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2363 of 2009 KAILASH YADAV Versus THE STATE OF BIHAR & ORS ----------- 3. 23.03.2009 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 6.9.2008 issued by the District Superintendent of Education-cum- Sub-divisional Education Officer, Jamui transferring the petitioner from Islampur Middle School to Hilsa Middle School. Learned counsel for the petitioner from the recital in the impugned order dated 6.9.2008 makes a short submission that it is not an order passed by the statutory authority under the Bihar Primary Teachers (Transfer) Rules, 2006 but is an order on the direction of the District Magistrate, who has no legal jurisdiction under the aforesaid Rules. Learned counsel for the State finds it difficult to oppose the limited submission. The law stands well settled that an order by the statutory authority without independent application of mind but at the behest of another, is arbitrary, based on extraneous consideration and amounts to abdication of jurisdiction by the statutory authority. The District Magistrate is not an authority provided for transfer under the Transfer Rules of 2006. The impugned order dated 6.9.2008 is not sustainable on that ground. It is, accordingly, set aside. 2 The writ application stands allowed. AKS/ (Navin Sinha, J.)