On Monday, the Supreme Court questioned procedural propriety in the appointment of Professor Naima Khatoon as the first woman Vice-Chancellor of Aligarh Muslim University (AMU), drawing attention to the participation of her husband, Professor Mohd. Gulrez, then officiating Vice-Chancellor, in the Executive Council meeting that included her name in the shortlist for the Visitor’s approval.
A bench comprising CJI BR Gavai, Justice K Vinod Chandran, and Justice NV Anjaria was hearing a Special Leave Petition filed by Professors Muzaffar Uruj Rabbani and Faizan Mustafa challenging the Allahabad High Court’s order that had upheld Professor Khatoon’s appointment.
Senior Advocate Kapil Sibal, appearing for the petitioners, contended that the selection process was vitiated by conflict of interest, asserting, “If this is the way Vice Chancellors are appointed, I shudder to think what will happen in future.” The bench observed orally that, ideally, the outgoing Vice-Chancellor should have recused himself from proceedings in which his spouse’s name was being considered.
CJI Gavai emphasized the optics of the situation, noting, “Certainly, the husband's participation when the wife's name is under consideration, it raises doubts. It is said that things should not only be done properly but also be seen to be done properly.” He cited that even the Allahabad High Court had acknowledged it would have been preferable for Professor Gulrez to step aside and allow the next senior official to chair the meeting. Solicitor General Tushar Mehta acknowledged that recusal would have been proper, but invoked the “doctrine of necessity” from Tata Cellular, arguing that participation to meet legal exigencies does not inherently invalidate the process.
On the other hand, Additional Solicitor General Aishwarya Bhati highlighted Professor Khatoon’s “stellar academic record” and her historic achievement as AMU’s first woman Vice-Chancellor, emphasising her qualifications and contributions.
Justice K Vinod Chandran recused himself, noting his role as ex-officio Chancellor of Chanakya National Law University, which had appointed Professor Faizan Mustafa, the second petitioner, as Vice-Chancellor. Although the Solicitor General expressed confidence in the bench’s impartiality, Justice Chandran maintained that recusal was appropriate given the issue directly concerned questions of bias. Following this, CJI Gavai ordered that the matter be heard by a bench not including Justice Chandran.
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