SUJOY PAUL,J. - (1.)Heard on admission.
(2.)Learned counsel for the petitioners submits that under the Statutory Recruitment Rules of 2008 (Annexure P-3) there is no provision/prohibition that the post of Hostel Superintendent cannot be occupied by other than SC/ST/OBC category employees. He submits that such condition No.2 runs contrary to the Rules of 2008. Reliance is placed on the order passed in W.P. No.20980/2017 dated 04.12.2017.
(3.)Per-contra, Shri Dwivedi, learned Deputy A.G. submits that petitioners were not appointed as per the Rules of 2008. As per their own pleading in 5.4 of the petition is that the petitioners ' substantive posts are Assistant Teacher/Samvidha Shala Shikshak etc. They were given additional charge of Hostel Superintendent as a stop gap arrangement. They have already completed three years of service on the said post and therefore, a policy decision was taken on 13.09.2017 to send back such Teachers.