The remark by a bench comprising Chief Justice T S Thakur and Justice U U Lalit came when senior advocate Salman Khurshid, appearing for one of the parties, submitted that it has to be seen to what extent the apex court can interefere in the matter in view of the fact that another bench was dealing with the issue whether AMU was a minority institution.
"The Union of India is not going to proceed with its appeal," he said and added that the appeal against Allahabad High Court judgement in the apex court would be withdrawn.
The apex court posted the matter after four weeks by impleading the Human Resource Development Ministry as party to the petition and sought the AG's assistance in the matter.
The appointment of Shah as VC of AMU on May 11, 2012 was
challenged on the ground that according to the regulations of University Grants Commission (UGC), the VC ought to have worked for at least 10 years as a professor in a university or on an equivalent post in a research or academic institute.
The petitioner, Syed Abrar Ahmed, had argued before the high court that the regulations - which pertained to minimum qualifications and maintenance of standards in higher education - had become binding on the AMU when it had adopted these on December 6, 2010.
Senior advocate Raju Ramachandran, appearing for the AMU and its VC, defended the appointment saying the UGC regulation was not necessary in the case.
Bhushan contended that the appointment of the VC of AMU is contrary to the UGC Regulations, 2010.
