O R D E R

1. Leave granted.

2. This appeal challenges the order dated 23^rd Augustg 2023 passed by the Division Bench of the Kerala High Court, dismissing the appeal filed by the appellants. The appellants had filed an appeal challenging the interim order dated 12^th July 2023 passed by the learned Single Judge of the High Court, vide which the prayer made by the appellants herein for permitting them to fill up the vacancies except the vacancies which were reserved for persons with disablity, came to be rejected.

3. This Court, vide order dated 06.05.2024, issued notice in this matter.

4. Shri Dama Seshadri Naidu, learned senior counsel Signature Not Verified Digitally signed by appearing for the appellant, submits that on account of the NARENDRA PRASAD Date: 2025.03.07

10:41:08 IST Reason:

position that is prevailing, the appellants and the other similarly circumstanced society/societies are not in a position to make regular employment and are required to appoint the teachers only on daily wage basis. It is submitted that this has resulted into a huge problem in imparting quality education in the institutions apart from causing financial difficulties to the teachers.

5. Shri P.V. Dinesh, learned senior counsel appearing for the State of Kerala, submits that the State is only concerned in ensuring that the reservation provided for the persons with disability is duly complied with in accordance with the mandate of The Rights of Persons with Disabilities Act, 2016.

6. In that view of the matter, we are inclined to allow the appeal.

7. The impugned order is quashed and set aside. The appellants are permitted to fill up the vacancies except the seats which are reserved for persons with disability. On completion of all the necessary formalities, the services of all such in-service employees, who are entitled to be appointed shall be regularized. We further expect that the appellants and other similarly circumstanced society/societies shall take steps to forthwith fill up the posts which are reserved for persons with disability at the earliest. On such appointments being made and the proposals for regularization being submitted to the State Government, the State Government shall decide the same expeditiously.

8. The appeal is allowed in the above terms.

9. Pending application(s), if any, shall stand disposed of.

..............................J ( B.R. GAVAI )

..............................J ( AUGUSTINE GEORGE MASIH )

NEW DELHI;

MARCH 04, 2025 ITEM NO.36 COURT NO.2 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 11373/2024 [Arising out of impugned final judgment and order dated 23-08-2023 in WA No. 1472/2023 passed by the High Court of Kerala at Ernakulam]

NAIR SERVICE SOCIETY & ANR. Petitioner(s)

VERSUS THE STATE OF KERALA & ORS. Respondent(s)

(IA No. 98668/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 98664/2024 - EXEMPTION FROM FILING O.T.)

Date : 04-03-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) :Mr. Dama Seshadri Naidu, Sr. Adv.

Mr. M. Gireesh Kumar, Adv.

Mr. V.vijulal, Adv.

Mr. Ankur S. Kulkarni, AOR Ms. Puspita Basak, Adv.

Mr. Tarun, Adv.

For Respondent(s) :Mr. P.V. Dinesh, Sr. Adv.

Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mr. Santhosh K, Adv.

Ms. Anna Oommen, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. Leave granted.

2. The appeal is allowed, in terms of the signed order.

(NARENDRA PRASAD) (ANJU KAPOOR)

DEPUTY REGISTRAR COURT MASTER (Signed order is placed on the file)