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IN THE HIGH COURT OF ALLAHABAD
ASHWANI KUMAR MISHRA, DONADI RAMESH
Mujahid Beg – Appellant
Versus
Union Of India – Respondent
Hon'ble Donadi Ramesh ,J.
(Per: Ashwani Kumar Mishra,J.)
1. These three petitions arise out of a common cause and are heard together. Consequently, they are being disposed of by this judgment. The appointment of Professor Naima Khatoon as Vice Chancellor of Aligarh Muslim University (hereinafter referred to as ‘the University’) is the subject matter of challenge in all the three petitions.
Factual Matrix
2. Professor Tariq Mansoor was appointed as Vice-Chancellor of the University for a period of five years w.e.f. 17.5.2017. Although his term was to end in May, 2022, however, the Visitor on 25.3.2022 extended his term for a further period of one year or till a new Vice-Chancellor was appointed. During his extended term as Vice-Chancellor, Professor Tariq 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 Professor Mohd. Gulrez as Pro-Vice-Chancellor of the University. Thereafter, on 2.4.2023, Professor Tariq Mansoor resigned as Vice-Chancellor of the University. A communication came to be issued by the Registrar of the University on 4.4.2023 stating tha
The appointment of a Vice-Chancellor must adhere to statutory procedures; claims of bias must be substantiated, and the Visitor's discretion in appointments is paramount.
The court upheld that the appointment process followed statutory provisions, and the involvement of the Minister did not invalidate the appointment, establishing judicial review limits in administrat....
The court held that the SCS Committee was properly constituted in accordance with the provisions of the JMI Act and the UGC Regulations, that the members of the SCS Committee were persons of eminence....
The appointment of a university Vice-Chancellor must comply with statutory requirements for unanimous consent from the Board as stipulated by law.
The constitution of a selection committee must ensure experts possess relevant subject knowledge, and any perceived bias or procedural irregularities in their formation can invalidate the entire sele....
The decision-making process must adhere to established norms and be free from bias and favoritism.
The appointment of Vice-Chancellors must comply with statutory provisions and UGC regulations, ensuring lawful and independent decision-making by the Chancellor.
The reconstitution of a Selection Committee during an ongoing interview process is illegal and arbitrary, necessitating a fresh selection process.
Appointment as Vice-Chancellor of University – While preparing panel, Search Committee must give proper weightage to academic excellence; exposure to higher education system in country and abroad, an....
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