The Rashtriya Swayam Sevak Sangh (RSS) – Bharatiya Janata Party (BJP)’s divisive hunting ground dividing Muslims – Aligarh Muslim University (AMU) may get a new vice chancellor as Prof. Naima Khatoon’s survival looks dicey as the Chief Justice of India BR Gavai questioned the appointment of Prof. Naima Khatoon as the Vice-Chancellor of Aligarh Muslim University, underling the fact that her husband, Prof. Mohd. Gulrez, then the officiating Vice-Chancellor, was part of the Executive Council meeting that shortlisted and recommended her name for the VC panel.
An SC bench consisting of Chief Justice of India BR Gavai, Justice K Vinod Chandran, and Justice NV Anjaria was hearing the Special Leave Petition filed by Prof. Muzaffar Uruj Rabbani and Prof. Faizan Mustafa challenging the Allahabad High Court’s order that upheld Prof. Naima Khatoon’s appointment as the VC. Senior Advocate Kapil Sibal, for the petitioners, contended that Prof. Khatoon’s appointment was ethically flawed because her husband had presided over the Executive Council and University Court meeting that included her name in the panel to be sent to the Visitor, creating a conflict of interest.
“If this is the way Vice Chancellors are appointed, I shudder to think what will happen in the future,” an exasperated Sibal exclaimed! “She will get only 6 votes if 2 votes are excluded. It is only because of the VC vote in the executive committee, and there was another. If you take these two out, then she is out,” Sibal argued further. Additional Solicitor General Aishwarya Bhati opined Prof. Khatoon’s appointment as “historic,” pointing out that she is the first woman VC. The High Court did not accept their arguments regarding the election process; it upheld her appointment. Bhati pressed further.
“Ideally, the Vice Chancellor should not have taken part and let the senior-most be part of it. See, when we are also taking collegium decisions if such a thing happens, we also recuse,” Justice Gavai intervened. The SC bench observed that, ideally, the previous Vice-Chancellor, Prof. Mohammed Gulrez, should not have attended the meeting when his wife’s name was under consideration for the post of VC. CJI Gavai stressed that when the High Court itself had observed, it would have been better for the Vice Chancellor to step aside and let the next senior person chair the proceedings for selecting the names for the VC panel. “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 being considered raises doubts. It is said that things should not only be done properly but also be seen to be done properly,” observed the didactic CJI Gavai.
However, the Solicitor General Tushar Mehta agreed that recusal would have been proper but cited the “doctrine of necessity,” as upheld in the Tata Cellular case, arguing that participation to meet a legal necessity does not vitiate the process. At this point, Justice Chandran expressed his intention to recuse himself. He disclosed that as former Chief Justice of the Patna High Court, he was ex officio Chancellor of Chanakya National Law University, which had appointed Professor Faizan Mustafa, the second petitioner, as VC. The SG Mehta disagreed about that ‘recusal was unnecessary.’ “We have full faith in your lordships, even if your lordships have selected Prof. Faizan Mustafa, your lordships can decide,” added Mehta.
Justice Chandran explained, “The question here is of bias. Since the subject matter concerns bias, it is proper that I recuse.” The CJI Gavai then directed that the matter be placed before a bench excluding Justice Chandran. After Justice Chandran’s recusal from hearing the case, it will now be listed before a different bench.
It may be recalled that Prof. Naima Khatoon was appointed as the Vice Chancellor of Aligarh Muslim University (AMU) on April 22, 2024, becoming the first woman to hold this position in the university’s over 100-year noble history. The appointment sparked controversy and caused heartburn due to allegations of bias in the selection process, as Prof. Khatoon’s husband, Professor Mohammad Gulrez, who was then acting Vice-Chancellor, chaired the Executive Council meeting that shortlisted her name. Gul is supposed to be a flower, but the husband unknowingly became a thorn in the path of his illustrious wife!
As said earlier, the AMU has been a divisive hunting ground of the RSS–BJP to divide Muslims, as they hate its existence. No reservations for the non-Muslims have been an eyesore for the anti-Muslim outfits. The nonsense theory of ‘Pasmanda Muslims’ was floated by these groups to divide Muslim votes, especially in Uttar Pradesh and Bihar. It may be recalled that an RSS–BJP stooge Prof. Tariq Mansoor was appointed as VC, who let loose the police on AMU students and tried every trick to ensure that the CAA–NRC agitation fizzled out from the campus. Not only this, Mansoor, who, based on his background, tried to butcher the interests of the Muslim community in the AMU campus. To curry favour for political breadcrumbs to be thrown at him, Mansoor even denounced the BBC documentary about Modi and termed it as ‘White Media’s Burden.’ Through his articles in national dailies, Mansoor promoted the fake narrative of the BJP Government. During Mansoor’s tenure as VC, Prime Minister Narendra Modi, while addressing the centenary celebrations of AMU, described it as ‘Mini India! After using Mansoor to pedal the Sanghi agenda in AMU, Modi threw some political bones at Mansoor, which he is busy chewing. Mansoor is now a member of the Uttar Pradesh Legislative Council and also a national vice president of the BJP. He is widely perceived as the doormat of Modi and a Mir Jafar!
The AMU is at a crossroads of history as the state and central governments are making its existence miserable. The students and faculty must rise above the ‘Pasmanda Muslims’ divide and ensure that they live by the Last Sermon of Prophet Muhammad (Peace Be Upon Him), who crushed tribal affiliations under his feet and declared that all are equal except those whose deeds (Aamaal) are superior. The Ashraaf and Ajlaaf are figments of imagination, as all Muslims are equal. The students at AMU should improve their attendance and grades to excel in studies and make the AMU and our glorious country proud! The elite Muslims must take it upon themselves to ensure that there are no backward Muslims. Every Muslim must get equal educational, economic, and social status.
O Lord! Protect the AMU and the cherished legacy of the enlightened Sir Syed Ahmed Khan so that we can march shoulder to shoulder with our other compatriots in the development of our motherland – the one and only India!
