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.

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 that by virtue of Statute 2(7) of the First Statutes of the University, Professor Mohd. Gulrez would perform the duties of the Vice-Chancellor until a new Vice-Chancellor assumes office. It is during the continuance of Professor Gulrez as officiating Vice-Chancellor that his wife Professor Naima Khatoon got appointed as the Vice-Chancellor of the University.

3. Process for appointment of the new Vice-Chancellor commenced with circulation of an agenda of the Registrar on 23.10.2023, whereby Members of the Executive Council of the University were asked to assemble for a special meeting convened on 30^th October, 2023 at 12.00 Noon for the purposes of drawing a panel containing name of five candidates to be recommended to the University Court, for the purposes of appointment of Vice-Chancellor. It is on record that 33 recommendations came up for consideration for such purpose. These persons either submitted their bio-data in the office of Registrar or were otherwise recommended by the members of the Executive Council.

4. Since shortlisting of five names to be recommended to the Court was based upon the votes secured by them, in the meeting of Executive Council and, therefore, Professor Mirza Asmer Beg was appointed as the Election Officer, while two other persons, namely Professor Mohd. Altamush Siddiqui and Professor Mohd. Shameem were named the teller.

5. The Election Officer published schedule of election, according to which, filing of nomination papers was t