A division bench of the Jammu and Kashmir and Ladakh high court ruled that a Kashmiri Pandit woman does not lose her "migrant status" upon marrying a non-migrant.
The observation came on a plea in a case stemming from a challenge to an order issued by the Central Administrative Tribunal, Jammu bench, in favour of Seema Koul and Vishalni Koul. Both women, Kashmiri Pandits, were selected for the post of legal assistant under the PM Package for Kashmiri Migrants. However, their final selection was contested by the UT of J&K which asserted that the women lost their migrant status by marrying non-migrants. The respondents contested that their migrant status is irrevocable, emphasizing that denying them employment would violate Articles 14 and 16 of the Constitution, which guarantee equality and non-discrimination in public employment.
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