Judgment B.P. Jha, J. In an application under Articles 226 and 227 the Constitution of India the petitioner prays for quashing annexure "3". 2. The relevant facts are these: The petitioner was Head Master of Paharpur Upper Primary School in the district of Santhal Parganas. It is clear by annexure ‘1’ that he was found absent in the school on 11th & 13th July, 1972. It is for this reason an explanation was called for by the Block Education Extension Officer, Santhal Parganas by his letter dated, 15th July, 1972 (Annexure ‘2’). Later on, he was suspended by an order dated 13th September, 1972 which was issued by the District Superintendent of Education, Santhal Parganas (annexure "2"). The District Superintendent of Education, by an order dated 22nd March 1973, as contained in annexure "3", revoked the suspension order and posted him in lower Primary School, Pirorajoiri (Gorhi Kandar). It is this annexure which has been challenged before this Court. 3. Learned counsel for the petitioner attacks the validity of annexure "3" on the ground that it violated rules 45 and 46 of the Bihar Primary and Middle Education Rules, 1961 (hereinafter referred to as the Rules'). It is relevant to quote rules 45 and 46. "45. The Power regarding the appointment, posting and promotion of and disciplinary action, including removal and dismissal, of masters and assistant masters and other members of the establishment of aided school shall be exercised by the District Superintendent, in consultation with the District Board. The District Superintendent shall, ordinarily, obtain the opinion of the managing committee concerned and such committee may also initiate proposals or send recommendations on these matters to the District Superintendent 46. Every action proposed to be taken by the District Superintendent regarding the appointment, posting, promotion of Headmasters and assistant masters and other members of the establishments of aided schools and any disciplinary action proposed to be taken against them shall be reported to the district board immediately, which shall furnish its opinion within fourteen days of the receipt of the report. In case of a difference of opinion between the district board and the District Superintendent on the question of the establishment of any such school, no action shall be taken pending the decision of the prescribed authority under section 62 (c) of the Act". 4. In case of a difference of opinion between the district board and the District Superintendent on the question of the establishment of any such school, no action shall be taken pending the decision of the prescribed authority under section 62 (c) of the Act". 4. On perusal of these rules, it is clear that if the District Superintendent of Education proposes to take any action in respect of posting, transfer and disciplinary action against any teacher of any Upper Primary School, he is required to pass necessary order in consultation with the District Board. On a perusal of annexure "3", it is clear that the District Superintendent of Education did not consult the District Board before transferring the petitioner to the Lower Primary School, Piprajori (Gorhi Kandar). Hence, I quash annexure "3" because it was issued in violation of rules 45 and 46 of the Rules. 5. In the result, the application is allowed and I issue a writ of certiorari quashing annexure "3". The parties will tear their own costs. Application allowed.