RAMGOPAL Vs. JANAPADA SABHA, KOREA

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the constitution is mainly directed against exclusion of the petitioners from the list of primary school teachers of the Janapada Sabha, Korea, which the Screening Committee constituted under section 5 of the Madhya Pradesh Local Authorities' School Teachers (Absorption in Government Service) Act, 1963 (here -in -after called the Act), published under section 6 (1) of that Act. The petitioners further complain that, in any event, they are entitled to continue in the employment of the Janapada Sabha, Korea, but that Sabha does not accord to them that status.

(2.) THE petitioners are trained teachers. They were working for the last several years in the primary schools established by the Janapada Sabha, Korea. The first three petitioners had been confirmed on the posts held by them. When the provisions of the Act came into force, a Screening Committee was constituted under section 5 of the Act. Since a departmental enquiry was pending against Bhola Prasad (petitioner 4), his case was, as required by Rule 8 (c) of the Rules framed. under the Act, not considered by the Screening Committee. But, in drawing up a list of existing teachers suitable for absorption in Government service, it excluded the names of the first 3 petitioners. Thus, out of 409 teachers employed by the' Janapada Sabha, Korea, only the names of the four petitioners were not included in the list drawn up by the Screening Committee. 3. The petitioners have challenged the action taken by the Screening Committee and the Janapada Sabha, Korea, mainly on the ground that they were discriminated against without being given an opportunity of being heard because, although they had all the qualifications for absorption as required by the rules framed under the Act, their names were not included in the 1st drawn up by the Screening Committee. The petitioners further contend that even if they be regarded as not suitable for absorption in Government service, they continue to be the employees of the Janapada Sabha, Korea, and they must be treated accordingly. 4. Having heard the counsel, we have formed the opinion that this petition must be allowed in part. The relevant provisions of the Act, which have a bearing on the questions in controversy, are contained in sections 6 and 8 of the Act which are reproduced: