After Justice Chandran's recusal, SC to form bench to hear plea against 'historic' appointment of AMU's first woman VC

Justice Vinod K Chandran yesterday recused from hearing an appeal filed against the Allahabad High Court decision upholding the appointment of Professor Naima Khatoon as Vice-Chancellor of Aligarh Muslim University (AMU), dismissing a batch of petitions challenging the legality and fairness of her selection.

Notably, Justice Chandran while he was the chancellor of Chanakya National Law University, Patna had recommended the appointment of Faizan Mustafa as its VC. Mustafa was also a part of the names who were considered along with Professor Khatoon for the position at AMU.

Solicitor General Tushar Mehta said Justice Chandran need not recuse himself as the parties had full faith in him. However, the CJI intervened saying that Justice Chandran should decide for himself and ordered for a fresh bench to be constituted.

The controversy around Khatoon's appointment is related to her husband Prof. Mohammad Gulrez being the then acting Vice-Chancellor. A bench of CJI Bhushan R Gavai and Justices K Vinod Chandran and N V Anjaria yesterday observed that the husband's participation in the selection process was not proper. "He should have recused and made his deputy participate in it. The selection process should not only be fair but also appear to be fair", the court observed yesterday.

ASG Aishwarya Bhati called the appointment historic and told the bench that the selection process had followed the rules and regulations scrupulously.

High Court had ruled that Khatoon's appointment by the Visitor—the President of India—was lawful and not vitiated by bias or procedural irregularities. Prof. Khatoon, who previously served as Principal of the Women's College at AMU, is the first woman to be appointed Vice-Chancellor in the university’s more than 100-year history.

A division bench comprising Justices Ashwani Kumar Mishra and Donadi Ramesh delivered the judgment on May 17, 2025, in three writ petitions, including one filed by Professor Mujahid Beg, who had also contested for the post. The petitioners alleged that the selection process was manipulated by then Acting Vice-Chancellor Prof. Mohammad Gulrez—Prof. Khatoon's husband—who chaired key meetings of the Executive Council and the University Court that shortlisted her name. They argued that his role amounted to a violation of the principles of natural justice and constituted a case of actual bias.

Court, while acknowledging that Prof. Gulrez should ideally have recused himself from presiding over the meetings, held that his participation did not invalidate the process. It noted that both the Executive Council and the University Court are multi-member statutory bodies that made decisions through secret ballots. "Though we are of the opinion that Professor Gulrez Ahmad ought not to have presided and participated in the meeting… considering the nature of appointment process and the limited recommendatory role of Executive Council and University Court… participation of Professor Gulrez Ahmad in such proceedings has not vitiated the selection", the court said.

It added that the final appointment was made by the Visitor, whose discretion under the AMU Act and statutes is “not limited or conditioned” and against whom no allegation of mala fide was raised.

Furthermore, court also rejected allegations of vote manipulation during the selection process. Petitioners had claimed 99 votes were cast in the Executive Council meeting when only 95 were possible. But the original records, reviewed by the court, confirmed that 95 valid votes were indeed cast, and the alleged discrepancy stemmed from unverified newspaper reports.

In a significant observation, the court emphasized the symbolic and constitutional importance of Prof. Khatoon’s appointment: “For well over a century no woman has ever been appointed as Vice-Chancellor. Appointment of a woman… sends a message that the constitutional objective of advancement of the cause of women is being promoted.”