'Husband's participation in selection process not proper': Supreme Court on AMU's first woman VC’s appointment

Naima Khatoon is the first woman vice-chancellor of Aligarh Muslim University

The Supreme Court has questioned the appointment of Professor Naima Khatoon as the first woman Vice-Chancellor of Aligarh Muslim University saying that the participation of her husband Mohd Gulrez, the officiating vice-chancellor, in the process was not proper.

According to Live Law, a bench comprising Chief Justice of India BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria was hearing the special leave petition filed by Muzaffar Uruj Rabbani and Faizan Mustafa against the Allahabad High Court's order which upheld Khatoon's appointment.

"Certainly, the husband's participation in the selection process is not proper when his wife is a candidate. 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 bench said.

Appearing for the petitioners, senior advocate Kapil Sibal told the court how voting in the executive council was tailored to insert Khatoon's name into the panel of five names - Faizan Mustafa, Qayyum Husain, Muzaffar Uruj Rabbani and Furqan Qamar were the other candidates.

According to the SC bench, the previous Vice Chancellor ideally  should not have attended the meeting when his wife's name was being considered. The report by Livelaw quoted CJI Gavai saying  that the HC had observed that it would have been better for the Vice Chancellor to have walked out of the proceedings and made the next senior person the Chairperson. "Normally, even when we sit in the collegium, when a junior from the bar is under consideration, we also recuse....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," CJI Gavai said.

Solicitor General Tushar Mehta said the Vice Chancellor should have recused himself. However, he cited the "doctrine of necessity" and said that when participation is to meet the legal necessity, the process cannot be said to be vitiated.

The court adjourned the hearing as Justice Chandran recused himself, on the ground that as chancellor he had recommended the appointment of Faizan Mustafa as the VC of Chanakya National Law University, Patna. However,  Mehta said Justice Chandran need not recuse himself as the parties had full faith in him.

"The question raised here is of bias. Since the subject matter is that of bias, it is proper that I recuse," Justice Chandran said.

Saying that it is ultimately for Justice Chandran to take a call, CJI Gavai dictated the order to place the matter before a bench of which Justice Chandran was not a part.  Meanwhile, Additional Solicitor General Aishwarya Bhati submitted during the hearing that Profesor Naima Khatoon was a lady of "stellar academic record" and that she scripted history by being the first woman VC of the AMU.