ORDER Pandey J.-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 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: "6 (1) The Screening Committee shall, after scrutiny of the past service record and acadamic qualifications and on the basis of such other principles as may be prescribed in this behalf, draw up a list of existing teachers who, in its opinion, are considered suitable for absorption in Government service. (2) The list prepared under sub-section (1) shall be published in such manner as may be prescribed, and the list so published shall be final and shall, except as hereinafter provided, not be called into question on any ground whatsoever. (3) The State Government may, within six months from the date of the publication of the list, either on its own motion or otherwise correct any clerical or printing error in the said lists," "8 (1) Subject to any corrections made under sub-section (3) of section 6, on the publication of the list under sub-section (2) of the said section, the teachers included in the said list shall be deemed to be Government Servants as from the appointed date, any agreement or contract notwithstanding. (2) The teachers deemed to be Government Servants under subsection (1) shall be deemed to be appointed in the district to which the list referred to in the said sub-section pertains and the competent authority shall, for all purposes, be deemed to be the appointing authority in respect of such teachers. (3) Notwithstanding anything contained in section 4, the existing teachers not included in the said lists shall continue to be the employees of the local authority concerned on the terms and conditions applicable to them immediately before the appointed date. (3) Notwithstanding anything contained in section 4, the existing teachers not included in the said lists shall continue to be the employees of the local authority concerned on the terms and conditions applicable to them immediately before the appointed date. " It is clear from sub-section (1) of section 6 that the question whether a teacher is or is not fit for absorption in Government service is a matter of opinion, to be formed by the Screening Committee not merely on the basis of the principles prescribed by the rules but also on "the past service record and academic qualifications". In the instant case, while the case of Bhola Prasad (petitioner 4) was not considered because a departmental enquiry was pending against him; the names of the other 3 petitioners were not included in the list because their past service record was unsatisfactory. Having regard to the provisions of the section 6 (1) ibid, it cannot be said that the Screening Committee was not justified in taking into account the past service record or it based its opinion on 'extraneous considerations. We may add that here there is no question of punishment because those teachers, who 'are not selected as fit for absorption in Government service, continue to be employees of the local authority concerned on the terms and conditions which were applicable to them before the scrutiny. In our view, the first 3 petitioners, who in the opinion of the Screening Committee have unsatisfactory past service record, have no right to insist that they should be included in the list or absorbed in Government service. 5. The refusal of the Janapada Sabha, Korea, to treat the petitioners as its employees stands on a different footing. As enacted by section 8 (3), the Janapada Sabha has no option in the matter and it must continue to treat them as its employees. 6. The petition succeeds in part. The Janapada Sabha, Korea, is directed to continue to treat the petitioners as its employees on the terms and conditions which were applicable to them before 1 October 1963. In the circumstances of the case, the parties are directed to bear their own costs. The outstanding amount of security shall he refunded.