Judgment B. P. Jha, J. 1. In an application under Articles 226 and 227 of the Constitution of India, the petitioner prays for quhshing Annexure 8. By Annexure 8, Sri Umesh Chandra Singh (respondent no.5) was transferred to Raj kumar and Lalji High School, Badhaunia as Headmaster on the vacant post of the headmaster of that school. 2. It is an admitted position that the petitioner was an Assistant Teacher in the said school. It is also an admitted position that when the post of headmaster of that school was vacant, Shri Umesh Chandra Singh was transferred to the said school to occupy the post of Headmaster. 3. The simple point for consideration is : whether the Bihar Secondary education Board possesses such power of transfer or not? The answer is given in clause 6 of the notification dated 25-7-77 which was issued by the State government under Sec.63 (4) of the Bihar Secondary Education Board Act, 1976 (hereinafter referred to as "the Act" ). Clause 6 of the aforesaid notification provides that whenever there is a vacancy for the post of Headmaster, the Bihar secondary Education Board can make stop-gap arrangement for one year. It is mentioned in Annexure 8 that the post of Headmaster of Raj Kumar and Lalji high School, Badhaunia was vacant and as such Shri Umesh Chandra Singh was transferred to occupy the post of Headmaster. Under clause 6 of the aforesaid notification, if any stop gap arrangement has been made by the Board, such arrangement can be made for one year and the Headmaster will act as an officiating headmaster and not as a permanent Headmaster. Therefore, in my opinion shri Umesh Chandra Singh was transferred to occupy the post of officiating headmaster of the aforesaid school for one year under clause 6 of the aforesaid notification. The order contaired in Annexure 8 was issued on 15th September, 1978. According to clause 6, such arrangement shall be valid for one year. I have been informed by the learned counsel for respondent no.5 that respondent no.5 joined the post of Headmaster of the aforsaid school on 20-11-78. If it is so, according to clause 6, his transfer shall remain valid for one year. Thus the effect of Annexure 8 lapsed at the end of the November, 1979. 4. Learned counsel for respondent no.5 referred to Sec.39 of the Act. If it is so, according to clause 6, his transfer shall remain valid for one year. Thus the effect of Annexure 8 lapsed at the end of the November, 1979. 4. Learned counsel for respondent no.5 referred to Sec.39 of the Act. Under Sec.39 the services of the Headmasters and teachers have been placed under the Bihar Secondary Education Board. The Board has also been empower ed to frame the service condition rules for the teachers and Headmaster of the high Schools. It is a matter of great surprise that no service condition rules have been framed for the teachers and Headmasters of the High Schools Such service condition rules ought to have been framed by the Board which has not been done uptil now. It will cause great hardship to a teacher if he is transferred from one corner of the State to another, in absence of the said rules. 5. I, therefore, direct the Bihar Secondary Education Board-to follow the guidelines given in the aforesaid notification which has been issued by the State of Bihar under Sec.63 (4) of the Act, till the service condition rules have been framed by the Bihar Secondary Education Board. In consonance with the aforesaid notification read with the provisions of the Act, I lay down the following guidelines for appointment of Headmaster. Whenever any post of Headmaster falls vacant, the Bihar Secondary Education Board shall requisition the services of the Education Service Commission. After the receipt of such a requisition by the Board, the Education Service Commission shall advertise the post. The commission shall hold interview and recommend the names to the Board for being promoted amongst the teachers or for direct appointment, or for both. If there is any vacancy of the post of Headmaster, the Board can make arrangement in accordance with clause 6. The Boad can direct any teacher or transfer any one for officiating to the post of Headmaster and that will remain valid for one year (maximum ). 6. In view of the fact that one year has elapsed, I quash Annexure 8 and direct the Bihar Secondary Education Board to send a requisition for the appointment of a Headmaster, to the Raj Kumar and Lalji High School, Badhaunia, to education Service Commission. 7. 6. In view of the fact that one year has elapsed, I quash Annexure 8 and direct the Bihar Secondary Education Board to send a requisition for the appointment of a Headmaster, to the Raj Kumar and Lalji High School, Badhaunia, to education Service Commission. 7. In the result, this application is allowed, Annexure 8 is hereby quashed and the Bihar Secondary Education Board is directed to follow the guidelines made above. The parties shall bear their own costs. Application allowed.