Judgment G. C. Bharuka and J JJ. 1. The present writ application has been filed for quashing of the order dated 11th June, 1993 (Annex-9) passed by the additional Director of Education, Darbbanga cum Koshi division, Darbhanga, by which, pursuant to a decision of the Divisional Establishment Committee, the petitioner has been transferred from the Nationalised Mahatma Gandhi high School, Bihat, Begusarai, to High School, Hasauli Kothi, Samastipur. 2. According to the petitioner, as stated in the writ petition, he was appointed as a Sanskrit teacher in high school, Bibat, in March, 1979, which was subsequently taken over by the State Government with effect from the 2nd October, 1980. The petitioner home district is Bagusarai, Pursuant to a communication by the Deputy Director of Education as contained in annexure 5, by the impugned order as contained in Annexure 9 the petitioner has been transferred outside his home district. The petitioner has assailed the impugned order on the ground of malafide and jurisdiction. 3. The qualification of the petitioner is that of acharya and, therefore, according to the classification of teachers as enumerated in Rule 3 of the Bihar Nationalised Secondary Schools (Conditions of Service) Rules, 1983 (hereinafter to be referred to as the Rules only), the petitioner falls in grade. The Rules have been framed by the State Government pursuant to its power conferred on it under Sec.15 of the Bihar Non-Government secondary Schools (Taking over of Management and Control) Act, 1981. 4. For the proper appreciation of the question involved, I may quote the relevant provisions of the Rules, which are as below : 5. Under Rule 6 (2) the selection and the subordinate grades of teachers will form a divisional cadre. Under Rule 12 (Ga) (ii) as amended from time to time, transfer of all categories of assistant teachers will be made by the additional Director of Education on the recommendation of the Divisional level Establishment Committee. The third proviso to Rule 12 (Ga) (Gha) (Anga) provides that no assistant teacher can be posted in his home district. 6. In the case of Tripurari Mishra V/s. The State of Bihar and others, reported in 1993 (1) PLJR, 629. while considering a similar quastion, it has been held by one of us (G. C. Bharuka, J.) that a teacher can not be posted in his home district and it has been observed that. 6. In the case of Tripurari Mishra V/s. The State of Bihar and others, reported in 1993 (1) PLJR, 629. while considering a similar quastion, it has been held by one of us (G. C. Bharuka, J.) that a teacher can not be posted in his home district and it has been observed that. "it is expected that the Government and other executing authorities will apply the Rules of transfer uniformally in case of all the persons governed by the Rules effectively and without any discrimination. " The petitioner of that case having suffered an adverse inter order in L. P. A. No.35 92 before this Court, filed S. L P. No.20213/93 in the Supreme Court, which was also dismissed with the following observation "special leave petition is dismissed. Hereto Government is directed to follow its policy only and see to it that no Headmastar is kept in his home district," 7. Accordingly, no relief can be granted to the petitioner. But at the same time, keeping in view the grievance of the petitioner that many teachers have still been allowed to remain posted in their home districts, it is directed that the respondent Additional Director of Education should take immediate steps to place the cases of all such assistant teachers of the division before the Divisional Level establishment Committee. Which must see that such teachers are transferred to the schools lying outside their home districts. 8. Subject to above observations, the writ application is dismiseed, but without any order as to costs. Application dismissed.