Allahabad High Court has reaffirmed its earlier Judgment that Degrees obtained from Jammu and Kashmir are valid for appointment in other states.
What was the controversy?
Petitioners candidature was rejected merely because he has obtained Diploma in Elementary Teacher Training Course from the State of Jammu and Kashmir.
It was argued that merely because the petitioner obtained said diploma from any other state cannot be a ground to reject the candidature.
The Respondents pleaded that jurisdiction of NCTE does not extend to the State of Jammu & Kashmir in view of Section 1 of the NCTE Act.
J&K is an Integral Part of India
Allahabad High Court reaffirmed its earlier Judgment rendered in the Writ A No. 7777
of 2019. Where the Court observed that the claim of the petitioner for grant of appointment to the post of Assistant Teacher cannot be withheld either on the ground that the diploma certificate is not recognized by NCTE or that it is a diploma from outside the State.
Jammu and Kashmir is an integral part of Union of India. It has a special status so as to laws relating to citizens of Jammu & Kashmir. The citizens of Jammu & Kashmir can not be excluded from consideration for employment in other States of the country on the ground that NCTE Act does not have application in the State of Jammu and Kashmir.
Decision
In view of the above, the Allahabad High Court directed the authorities to accept the degree of Petitioner and proceed as per law.
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