Allahabad HC rejects plea against Khatoon’s appointment as AMU V-C

The petitioners in the writs have objected to the selection and appointment of Khatoon primarily on the ground that her husband, Prof Mohammed Gulrez, was acting as vice-chancellor and had allegedly presided over the “crucial meetings” of the executive council and the court, wherein his wife was recommended for appointment to the post. It is asserted that this is not just a case of likelihood of bias on the part of Gulrez, but the proceedings have been manipulated to secure the selection and appointment of Khatoon.

“Though we are of the opinion that Gulrez ought not to have presided and participated in the meeting of executive council and the university court, yet, considering the nature of appointment process and the limited recommendatory role of executive council and university court in making of appointment of V-C, we are of the considered view that participation of Gulrez in such proceedings has not vitiated the selection proceedings,” a division bench of Justices Donadi Ramesh and Ashwani Kumar Mishra stated in its order. “The change of one member of the Executive Council soon before the holding of meeting dated 30.10.2023 is also not decisive for such reason,” the bench added.

The court said, “The answer has to be a definite no. We have already noticed that the qualification of Professor Naima Khatoon to be appointed as the V-C is not in issue. Her ultimate selection is by the Visitor against whom no allegation of bias is made. She was erstwhile Principal of Women’s College of the University.”

“Merely because her husband was acting as V-C and presided and participated in the meetings of Executive Council and University Court which also recommended her name, in addition to others, for appointment as V-C cannot be a ground to interfere with her appointment as the first woman V-C of the University,” it added.

The court added, “For the reasons and deliberations held above, we hold that discretion exercised by the Visitor in appointing Professor Naima Khatoon as the first woman V-C of Aligarh Muslim University from a panel of three names recommended by the University Court merits no interference. Writ petitions are, accordingly, dismissed. Costs made easy.”

According to the court order, professor Tariq Mansoor was appointed as V-C of the University for a period of five years on. May 17, 2017. Although his term was to end in May, 2022, however, the visitor on March 25,2022 extended his term for a further period of one year or till a new V-C was appointed. During his extended term as V-C, Mansoor, in exercise of his powers vested in him under sub-section (3) of Section 19 of the Aligarh Muslim University Act, 1920 (hereinafter referred to as ‘the Act of 1920’), appointed Gulrez as Pro-Vice-Chancellor of the University. Thereafter, on April 2, 2023, Mansoor resigned as V-C of the university. A communication came to be issued by the Registrar of the University on April 4, 2023 Gulrez would perform the duties of the V-C until a new V-C office. It is during the continuance of Gulrez as officiating Vice-Chancellor that his wife Naima Khatoon was appointed as the V-C of the University.

The process for appointment of the new V-C commenced with circulation of an agenda of the Registrar whereby Members of the Executive Council of the university were asked to assemble for a special meeting for the purposes of drawing a panel containing name of five candidates to be recommended to the University Court, for the purposes of appointment of Vice-Chancellor. It is on record that 33 recommendations came up for consideration for such purpose. These persons either submitted their bio-data in the office of Registrar or were otherwise recommended by the members of the Executive Council.

The Executive Council shortlisted the five names for the court solely on the basis of the votes each candidate received in its meeting.

As per the procedure laid in the rules, five names were then placed before the Court. Following the voting, the court accordingly forwarded names of Prof Muzaffar Uruj Rabbani; Prof Faizan Mustafa and Prof Naima Khatoon to the Visitor for their consideration for appointment as Vice-Chancellor.

The Visitor of the university, who happens to be the President of India, in exercise of her powers under Clause 2(1) of the Statutes of the University appointed Naima Khatoon as V-C of the university.

A communication to this effect has been issued by the Government of India, Ministry of Education on April 22, 2024, which is under challenge in the present writ petition.

In its judgment, the court ordered that the appointment process of V-C of university requires recommendation of five names by the Executive Council to the University Court, whereafter University Court recommends three candidates out of those five recommended by the Executive Council to the Visitor. The ultimate selection of Vice-Chancellor is by the Visitor from amongst the three names forwarded by the University Court

It said, “As per the appointment procedure specified in the Act and Statutes Visitor is not bound to appoint one of the persons recommended by the University Court as the V-C of the university. The Visitor has the discretion of not approving any of the persons recommended by the Court and may call for fresh recommendations. The discretion of the Visitor in appointing the V-C is not limited or conditioned. The act ultimately reposes trust in the Visitor for making appointment of the V-C.”

The court added that the scheme of appointment under the Act confers limited authority upon the Executive Council and the University Court. Its role is limited to recommending names of three persons by the University Court out of five names suggested by the Executive Council. The Executive Council and the University Court are multi-member bodies and their decisions are by majority on the strength of votes cast by them.

The court also pointed out, “Coming to the last issue framed for our consideration, it is worth noticing that Prof Naima Khatoon undisputedly possesses qualification for appointment to the post of V-C. We are informed that in the history of the University for well over a century no women has ever been appointed as V-C. Appointment of woman as V-C of a premier institution of higher learning sends a message that the constitutional objective of advancement of cause of women is being promoted…”