"Family Arrangement", a term introduced in the Maharashtra State Co-operative Societies (MSCS) Act, 2019, will provide a faster remedy for transferring the share, rights, title and interest in a flat, when the original member, expire intestate (without leaving a will) and this will avoid the age-old practice of approaching the court to claim testamentary rights, which usually takes anywhere between six months to few years. Housing experts have informed and made suggestions to the state authorities to incorporate the process of family arrangements, in the yet-to-be-passed MSCS Rules and its bylaws. mid-day in its article titled ‘Need clarity on ownership rights in CHS’ highlighted State Housing Federation's calls for an explanation in housing society rules pertaining to nomination to clear misconception. Earlier practice Advocate Shreeprasad Parab, expert director, Maharashtra State Housing Federation “Before the insertion of the new chapter of housing societies, upon the death of the member, the person named in the nomination form was admitted as a nominee member who holds the flat in ‘Trust’ till all the legal heirs are brought on record as per the testamentary documents, succession certificate or legal heirship certificate from the court of competent jurisdiction,” said Advocate Shreeprasad Parab, expert director, Maharashtra State Housing Federation. The New Housing Chapter XIII-B which was inserted in the amended MSCS Act of 2019 under Section 154 B, has provided a separate provision for the transfer of share, right, title and interest in the property of the deceased member. What is Family Arrangement? “The term Family Arrangement can be explained by first defining what is Family i.e. family means a person related to each other by blood, law or affinity and thus the term Family Arrangement is an agreement that is made by the members of the family to distribute the property in the manner other than what is provided in the existing law,” said Parab. Provisional member “On the death of the member, the nominees shall apply to the society along with the death certificate within six months of the death of the member for the provisional membership of the society. If there is more than one nominee, they shall make a joint application to the society and indicate the name of the nominee who should be enrolled as a provisional member of the society. If no person has been nominated, then the society shall admit such a person as a provisional member,” said Parab. In case of sole legal heir “If there is a sole legal heir as per the personal succession laws then there is no family left out to execute the agreement therefore such sole legal heir has to proceed with the other three remedies (earlier practice) such as testamentary documents, succession certificate or legal heirship certificate,” said Parab. Mandatory registration When asked whether Family Arrangements need to be Registered, Parab said, “In Co-operative Housing Society, if the share, right, title and interest is transferred through a deed named as Family Arrangement then such deed shall be executed and registered under the provisions of the Registration Act, 1908.” Landmark judgement Citing a recent landmark judgement CA Ramesh Prabhu, founder chairman of Maharashtra Societies Welfare Association (MahaSEWA), said, “In a recent landmark judgment of the Bombay High Court in the case of M/s Bima Nagar Cooperative Housing Society v/s The Divisional Joint Registrar Co-Operative Soc. And Ors., the Hon'ble Court has held that as per Section 154B-13 of the MSCS Act of 2019, a release deed executed between the legal heirs is considered as “Family Arrangements.” This ruling has clarified the process of membership transfer in housing societies under Section 154B-13 of the Maharashtra Co-operative Societies Act in the case of a member's demise by executing the Release deed”.
21 December,2024 09:51 AM IST | Mumbai | Vinod Kumar MenonThe city on Saturday saw a significant drop, with the minimum temperature reaching 19.1 degrees Celsius. According to the latest Mumbai weather updates from the Indian Meteorological Department (IMD), Mumbai is expected to experience a cloudy sky on Saturday, December 21, with temperatures ranging from a cool 18 degrees Celsius in the morning to a warm 32 degrees Celsius during the day. According to the Mumbai weather updates of the Indian Meteorological Department (IMD), Mumbai's Santacruz observatory in suburban Mumbai recorded a maximum temperature of 29 degrees Celsius and a minimum temperature of 19.1 degrees Celsius. The weather department's data showed that the city observatory in Colaba recorded a maximum temperature of 28.2 degrees Celcius and the minimum temperature was recorded at 20 degrees Celsius. According to the latest Mumbai weather updates by the IMD, the maximum temperature will likely be around 32 degrees Celsius, and the minimum temperature will likely be around 18 degrees Celsius. The relative humidity is 94 per cent. The sun rose at 07:07 AM and will set at 06:06 PM. The IMD’s latest Mumbai weather update forecasts a "mainly clear sky" for the city and its suburbs over the next 24 hours. Mumbai weather updates: City's AQI in 'moderate' category On December 21, the Central Pollution Control Board’s SAMEER app reported in its latest Mumbai weather updates that the city’s air quality remained in the 'moderate' category, with an Air Quality Index (AQI) of 189 at 9:05 AM. As per the SAMEER app dashboard, many areas across Mumbai showed 'moderate' AQI. Bandra Kurla Complex recorded 'moderate' air quality with an AQI of 199. Colaba, Vile Parle and Sion recorded 'moderate' air quality with an AQI of 145, 161 and 162, respectively. Borivali, Chembur and Kandivali recorded 'poor' air quality, with an AQI of 296, 233 and 257, respectively. According to data from the SAMEER app, Navi Mumbai recorded air quality in the 'moderate' category with an AQI of 136, while Thane registered a 'poor' AQI of 210. The air quality index from 0 to 100 is considered 'good', 100 to 200 'moderate', 200 to 300 'poor', 300 to 400 'very poor' and from 400 to 500 or above 'severe'. Meanwhile, as air pollution levels continue to rise in Mumbai, the Brihanmumbai Municipal Corporation (BMC) has revised guidelines issued last year for construction sites. The civic body will also form squads at the ward level to visit construction sites and act if guidelines are flouted. Sensor-based air pollution monitoring systems will be installed at all construction project work sites and immediate action to be taken if pollution levels are detected above the limit.
21 December,2024 09:28 AM IST | Mumbai | mid-day online correspondentThe state government has decided to form a special investigation team and judicial panel to probe the murder of a young sarpanch, Santosh Deshmukh, in Beed district. The superintendent of police of the district will also be transferred. CM Devendra Fadnavis made an announcement to this effect while making a statement over a debate that was initiated by ruling and Opposition party members, who accused an alleged local mafia leader Valmik Karad of being the mastermind behind the gruesome killing. Karad has been booked by the police. “The accused will not be spared whoever they are connected with [politically],” said the CM on Friday. The incident came to the fore as an activity that is akin to an organised crime syndicate that extorted money from the investors of a wind energy farm. Karad is said to be the kingpin of the gang. The murder was raised in the ongoing session of the state legislature. The members debated it and demanded action from the state government. Karad is said to be a member of a ruling party. Sarpanch Santosh Deshmukh, who was attacked on December 9 Fadnavis said the incident needed a deeper investigation. “We will have to end lawlessness in Beed district. Avaada Energy has made a huge investment in wind energy farms there. The company has generated jobs for the locals. Some people have been asking the company to pay [protection money] if it cannot give them work contracts. Some accused reached the Avaada office to demand work and extortion money. They beat up a security personnel and senior project manager of the company,” said the chief minister. He said the sarpanch Deshmukh arrived at the spot after he was called for help. “The supporters of the sarpanch beat up the goons. The video of the clash went viral,” he said, adding that the sarpanch was fatally attacked on December 9 when he was travelling alone. The accused ran away after Deshmukh breathed his last, said Fadnavis. According to CM, Deshmukh’s brother had called one Vishnu Chate who told him that his brother would be released unharmed. Instead, Deshmukh was beaten up mercilessly and left dead. Fadnavis said Karad would be taken to task and punished, regardless of his political connections. He also assured that he would probe the police’s role (in protecting the accused and delaying action). He said it was the state’s responsibility to maintain law and order, and it was evident that the local police force left some loopholes. Pinning the responsibility on the district head, the CM said the SP would be moved out. According to the CM, the accused would be booked under the Act that has provisions to check organised crime. He also announced financial assistance of R10 lakh for the deceased sarpanch’s family. Parbhani case investigation Fadnavis has ordered a judicial probe into the accusations that an accused had died in judicial custody because of police brutality. The dead person, Somnath Suryawanshi, was among those arrested for violence that had begun following the vandalism in which a replica of the Constitution was broken. After the matter was raised in the legislature, Fadnavis said the post-mortem report had rejected the possibility of custodial death but stated that the deceased had a serious lung ailment. Fadnavis said Suryawanshi has himself told the court twice that the police had not carried out third-degree torture on him. “We have a video footage of Suryawanshi’s stay in police custody. It is an unedited version that doesn't show any police atrocities. After being moved to judicial custody, the accused complained of uneasiness. He was taken to hospital where he was declared dead.”
21 December,2024 08:24 AM IST | Mumbai | Dharmendra JoreThe Marathi versus non-Marathi issue has gained momentum in the state legislature in the wake of violence against a Marathi family in Kalyan. The Opposition demanded to know whether sons of the soil were safe in their own state, and what the government proposed to do with those who hired goons to beat the helpless family. Making a statement on the issue, CM Devendra Fadnavis said Mumbai belonged to the Marathi people, and his government would not let anyone harm locals. The matter came up in the Upper House when Shiv Sena (UBT) leader Anil Parab, his party colleague Sachin Ahir and NCP-SP’s Shashikant Shinde raised it aggressively. Fadnavis said the government had taken serious note of the matter and instructed that the prime accused’s employment with the Maharashtra Tourism Development Corporation (MTDC) be suspended. The attack According to information given to the House, a resident of Ajmera Heights in Kalyan’s Yogidham, Akhilesh Shukla, had hired goons to attack the members of the Deshmukh family, which stayed in the same building. On December 18, the Deshmukhs were beaten with steel rods. The attack was recorded live. The matter became serious when the footage went viral. The police booked Shukla but delayed arresting him. As a result of the inaction, Shukla fled the city. MNS president Raj Thackeray warned the state against delaying arrest. “Don’t blame the MNS if the government doesn’t arrest the accused,” he said in a social media post. Fadnavis said the state would not rest before dealing with the arrogance of people (who treated locals badly). He said there was a need to know why local Marathis had to shift beyond Mumbai. “A Marathi family stays in a 300-sq-ft home. We need to know who stays in a bigger place. Migrants speak Marathi fluently and celebrate our traditions and festivals. Some do wrong things that affect our social fabric. I tell them very strongly that we will not let anyone treat locals badly,” he said. Preserving diversity Fadnavis also talked about an unspoken practice in some residential complexes where non-vegetarians are not sold flats or allowed rentals. “Nobody has the right to deny homes... everyone has the right to their choice of food. Vegetarianism may be important to some communities. There should be no reason to hate them. But if someone uses this food choice to discriminate, we will not tolerate such discrimination if we receive any complaints in this regard,” he added. According to Fadnavis, the country had different traditions. “All communities eat fish in West Bengal. Some states have vegetarians. I think we should preserve our diversity. But at the same time, one should also remember that after the national pride, it is our regional pride (Marathi Asmita) that is dear to us. We will not tolerate any attempt to harm our regional pride,” he said.
21 December,2024 08:21 AM IST | Mumbai | Dharmendra JoreBreaking his silence over his colleagues who were upset after being denied cabinet berths, DyCM Eknath Shinde said they were all together like a close-knit family. Shiv Sena MLAs Vijay Shivtare, Prakash Surve, Narendra Bhondekar and Tanaji Sawant openly expressed their displeasure after the first cabinet expansion last Sunday. Shinde named all upset MLAs except Sawant on Friday while talking about rapprochement. Shinde called a press conference at the Vidhan Bhavan on Friday to explain his position. “Sena is a family. It is natural for one to feel bad if he is not inducted. Some people expressed themselves openly. But that doesn’t mean they are upset. The MLAs who spoke about it are with me. We all are together in our effort to help the party grow further,” he said. According to Shinde, he met the legislators to gauge their sentiments. “You get positions and lose them while working in the government. Our warm bond is more important than the ministerial berths. Shivtare told me that he loved being my trusted associate.” Speaking with media persons, Surve said he was happy to be with Shinde.
21 December,2024 08:18 AM IST | Mumbai | A CorrespondentOne of the two high priests of the Iranshah Atash Behram in Udvada, Gujarat, has said that neither the Iranshah Atash Behram—the country’s oldest fire temple where a millennium-old sacred fire burns —nor its managing trusts have ever received any financial support from the Iranshah Udvada Utsav (IUU), a major Zoroastrian cultural festival held every two years, despite its implied association with the sacred site. The first edition of the festival was held in 2015, to showcase the cultural history of the Parsi community. The 2024 edition is scheduled to be held from December 27 to December 29. “Given that Iranshah’s name is tagged to the Utsav, and the fact that it takes place in Udvada, there has been a general belief among the Parsees across the world that the financial benefits of the Utsav accrue to Shreeji Pak Iranshah Atash Behram and the Udvada Nine Family Shahenshahi Athornan Anjuman. This belief is incorrect,” said Dastur Tehmton Mirza, 45, who was appointed as the Iranshah Atash Behram’s second high priest in February. Dasturji Khurshed at the 2017 edition of the festival. PIC/FACEBOOK/FOUNDATION FOR DEVELOPMENT OF UDVADA “I would like to take this opportunity to once again clarify that the IUU is organised and managed by Foundation for Development of Udvada (FDU), a trust that is completely separate from both, the Udvada Nine Family Shahenshahi Athornan Anjuman (that manages the affairs of Shreeji Pak Iranshah Atashbehram) and the Udvada Samast Anjuman and to my knowledge neither of the two Udvada Anjuman trusts have receive any funds from these Utsavs.” When asked whether FDU had approached either of the two trusts to co-host this year’s festival, he said: “There has been no official communication from the FDU trustees with either of the trusts.” Dasturji Khurshed Kaikobad Dastoor, who succeeded his late father as a high priest of Iranshah Atash Behram in 2002, served as the sole high priest for eight years following the passing of Dasturji Peshotan Mirza in 2016; he was also the chairman of the FDU, the organising body of the IUU, in 2015. The high priests of the Iranshah Atash Behram are also ex officio trustees of the Udvada Samast Anjuman. In 2021, there was a change in the composition of the trustees of the Udvada Samast Anjuman when Mirza became an elected committee member. “There has been no official communication from the FDU trustees with either the Udvada Nine Family Shahenshahi Athornan Anjuman or the Udvada Samast Anjuman with regard to this year’s IUU,” said Mirza. Asked if the temple’s trusts will restrict the use of Iranshah’s name in festival promotions, Mirza said: “Officially, there have been no such attempts made.” Sources told mid-day that not a single paisa has accrued to the Atash Behram Trust or the Udvada Samast Anjuman, from IUU, since the latter’s inception in 2015. “If the festival has no connection to the fire temple or its trusts, then why use the name ‘Iranshah’ at all? If the Udvada Samast Anjuman was involved as a co-host, it should have received some benefits from the festival’s proceeds, like ticket sales and revenue from stalls. Using the name ‘Iranshah’ without benefiting the trusts that govern and maintain the fire temple only creates confusion,” said a source, speaking on condition of anonymity, adding that the Udvada Samast Anjuman was not approached for this year’s festival because “there has been a change in the composition of the trustees.” Genesis of the festival The Foundation for Development of Udvada (FDU) was formed on September 22, 2003, as a result of Prime Minister Narendra Modi’s efforts during his tenure as Gujarat’s chief minister, to promote Parsi heritage and culture. FDU trustee Dinshaw Tamboly told mid-day: “I am unable to discuss anything about the forthcoming IUU as due to family commitments, I will be giving this year’s IUU a miss. I have not been involved in any planning for the same. Dasturji Khurshed will be the right person to comment.” Dasturji Khurshed Dastoor told mid-day: “There is no role of Atash Behram in this festival. The festival is supported by the Department of Tourism, Government of Gujarat, and the Udvada Samast Anjuman. But everything is done by FDU.” Asked what he meant by “support”, he said: “Since the festival takes place in Udvada and the Udvada Samast Anjuman is the local body… the support of the Udvada Samast Anjuman helps us to look after everything and be in connection with the local people of Udvada.” When asked whether the Udvada Samast Anjuman would support the upcoming edition of the festival, scheduled to be held in Udvada from December 27–29, 2024, he responded: “I have not asked them yet.”
21 December,2024 08:16 AM IST | Mumbai | Gaurav SarkarIn May 2018, social media tore a slow, peaceful Sunday to shreds as it went into a frenzy, with messages whirring about ‘cracks’ in the country’s first-ever flyover. Pictures showed a portion of Kemps Corner bridge/flyover with a fissure—a misalignment which looked as if the bridge had developed a crack and is in danger of giving way. Reactions like, “so scary” and “oh my god” flew in. At that time urban planner/designer and engineer Shirish B Patel—the man who designed the bridge—had told mid-day while reacting to the Kemps Corner scare: “There is nothing to worry about, the contractor had built it badly at that time. We, the designers had protested, wanting it rebuilt but the BMC was keen on opening the bridge urgently. We confirmed there was nothing unsafe about it; it was just unsightly. BMC preferred to accept it. It has been exactly like this, not pretty but perfectly safe.” Reassuring That was just the kind of calm, reassuring voice that Patel was. In a world of hysteria and record-breaking decibel level debates, Patel had proved you do not need to shriek or shout to get your point across. Patel, the visionary urban planner passed away on Friday. Malabar Hill resident Indrani Malkani, chairman of V Citizens Action Network (V-CAN), living the proverbial stone’s throw away from Patel who resided at Altamount Road stated, “I knew him from our Urban Design Research Institute (UDRI) days. A soft spoken person, his professional inputs invariably had a citizen centric approach. He used to interact in brainstorming sessions with clarity and in such a way so as to encourage all to contribute.” Environmentalist Zoru Bhathena, credits Patel for being the “pivot” in the Malabar Hill reservoir controversy, where activists were opposing the BMC plan to demolish the existing reservoir and reconstruct it. That would lead to a significant loss of green cover in the area. “I recall Patel himself wrote a letter to the civic authorities along with others stating that demolition is not necessary, and minor repairs may be undertaken. He outright termed the plans to reconstruct a fraud. A three-member citizen’s committee was formed and it was Patel’s stature, his intervention, that helped this cause. He was a highly-principled planner,” said Bhathena. Commitment Malabar Hill’s Tushar Prabhoo too recalled Patel’s interest and intervention in the Malabar Hill Reservoir matter and stated, “He first wanted information on what exactly was happening and then took a stand on the matter, seeing wisdom in the need to repair, not demolish and reconstruct. I remember he was a daily walker, walking down every day to the Kemps Corner bridge, which he had designed. What we can learn from him is absolute commitment to a cause and craft.” Activist Kunti Oza said, “Engineer, planner par excellence, there can be little to debate about that. More than that, he was a guiding light for so many civic projects. I will miss his sage advice, on a number of infra-related issues.” Going beyond the professional, Patel was, “just a very good human being”, recalled Sailesh Mahimtura, chairman, Mahimtura Consultants Pvt Ltd. “As structural engineers, we have a huge responsibility. It is a very intense job that we do. I saw that intensity and passion for work in Patel. I recall returning from a meeting with this simple, down-to-earth person and he told me ‘let us have breakfast’. I thought he might suggest a fancy-shmancy Five Star hotel, but he said let’s go to Matunga, which spells authentic and unassuming. He introduced me to the Nachani Dosa! Thanks, Mr Patel. May you shine on from above on all of us.” Voices Indrani Malkani, chairman, V-CAN‘A soft spoken person, his professional inputs invariably had a citizen centric approach’ Zoru Bhathena, environmentalist‘Patel wrote to the civic authorities stating demolition of the Malabar Hill reservoir was not necessary. He outright termed the plans to reconstruct a fraud’
21 December,2024 08:13 AM IST | Mumbai | Hemal AsharThe Brihanmumbai Municipal Corporation (BMC) has said it would lift debris from across Mumbai within 48 hours of getting the request via call. The civic body had recently launched a ‘debris on call’ service with a toll-free number—1800-210-9976—on which citizens can place a request for removal of debris. An official said that while services are free for the removal of 500 kg of debris, the BMC will further charge Rs 10 per 50 kg. Since November, the BMC has received 220 such calls and has lifted 54 metric tonnes of debris. Speaking with mid-day, BMC Deputy Commissioner Kiran Dighavkar said that after receiving a request, the junior supervisor concerned visits the site for inspection and estimation. After the approved request and applicable charges are communicated, debris is lifted within 48 hours of payment. Another official said that a debris processing plant located at Dahisar Kokanipada, which was started in August this year, has processed 16,000 metric tonnes of debris till date. While the preliminary operations began in August, the plant became fully operational on November 4. The recycled sand made out of debris can be used for making paver blocks, benches, dividers, and other non-structural things. Officials said that specialised vehicle fleets are being used for safe and efficient collection and transportation of debris. Advanced processing equipment ensures waste is sorted, recycled, and safely disposed of in compliance with environmental regulations, officials added. While the Dahisar plant is responsible for processing debris in the western suburbs, for the city area and eastern suburbs, a debris plant has been set up at Kalyan. Both plants combined have the capacity to process 600 metric tonnes of debris in a day. For the city and eastern suburbs area, the citizens can dial 800-202-6364 and register their demand in the daytime during weekdays. UBT opposes Dahisar plant Shiv Sena UBT former corporators Udesh Patekar and Sujata Patekar have opposed the Dahisar processing plant. “We are not against development, but the approach road to the plant is very narrow. If they are going to process 600 metric tonnes of debris daily, then the numbers of heavy vehicles will rise. There will also be an issue of dust,” said Sujata.
21 December,2024 08:09 AM IST | Mumbai | A CorrespondentWith the demolition of a high wall along the road behind the railway police station, the Bandra railway station now features a 3,500 sqm open space on its west side. On the east side, the Railways plan to connect the existing foot overbridges within the suburban station to Bandra Terminus. “After the heritage restoration of the station, we moved the barricades further away and stopped autos and other vehicles from approaching the station. This created a pedestrian plaza and a circulating area for commuters,” said Western Railway’s Chief Public Relations Officer Vineet Abhishek. “In the second stage on the west, there was a dump area behind a massive wall along Guru Nanak Road near Bandra Lake. We demolished the wall and uncovered a large open space, which is now being developed into an activity area. A coach for a ‘restaurant on wheels’ will soon be operational there,” he added. Additionally, Western Railway is undertaking efforts to decongest the station façade by creating open spaces and establishing new amenities. Meanwhile, India’s last remaining cast iron rail bridge at Bandra is set to be replaced in the coming weeks. Asked about the lack of amenities like escalators in Bandra East, officials said there is a plan for the east too. "We have proposed a 340-metre-long skywalk worth R24 crore to connect Bandra Terminus to the suburban station which will prove as an alternative to auto rickshaw drivers outside Bandra East station and will make it convenient for passengers to reach Bandra Terminus without getting down onto the road at Bandra station," an official said. "The plan is to also connect the network of bridges to the new BMC skywalk that is coming up," the official added.
21 December,2024 08:02 AM IST | Mumbai | Rajendra B. AklekarAs the Western Railway (WR) demolishes the oldest and last remaining screw-pile bridge in India at Bandra over the Mithi River, built in 1888, hundreds of suburban and outstation trains will be affected during the Christmas weekend in two blocks of 9.5 hours each. While suburban train cancellations will mostly occur between Andheri and Dadar, outstation trains will face restrictions. The details of cancellations and restrictions are being finalised. The two blocks are tentatively planned during Christmas weekend. “Screw pile foundations are old designed foundation on bridges which collapse suddenly without giving distress warning. There is only one bridge left on screw pile abutment in Indian Railways that is Bridge 20 at Bandra in Mumbai under WR. Screw pile of this bridge is to be replaced with raft foundation urgently as they are now destressed. There is fear of track sinkage if not done on priority. While the bridge has been upgraded and renewed, the replacement of screw pile foundations is the last major work that needs to be taken up,” WR Chief Public Relations Officer Vineet Abhishek said. “There will be speed restrictions immediately after the work, which will be lifted gradually. But once the work is completed and the line settles, the speed of trains on the bridge will be increased,” he explained. “The work is time-bound and split into 11 activities, and it needs to be compulsorily completed before the monsoon sets in. Hence, we are working with a targeted deadline of May 30, 2025,” he added. Train cancellations on CR The Central Railway on Friday announced an integrated block on the CSMT-Kalyan and Kalyan-Karjat sections to be undertaken on December 21-22 and December 22-23. The block is aimed at carrying out the launching of girders for multiple bridges, including the third Patri Pul at Kalyan, Ambernath road bridge, and footbridges at Ulhasnagar and Neral. The Central Railway will operate integrated special traffic and power blocks involving the UP and Down slow and fast lines, as well as the 5th and 6th lines, on the CSMT-Kalyan and Kalyan-Karjat sections.
21 December,2024 08:00 AM IST | Mumbai | Rajendra B. AklekarAdvocate Sachin Adkar, a 44-year-old MPhil law student locked in a two-and-a-half-year dispute with the Mumbai University over allegations of withholding results, has now claimed the varsity’s law department tampered with his answer sheets. His fight for transparency has now reached the Bombay High Court, where he seeks criminal action against the department. The court on December 18, asked the Azad Maidan police to conduct a preliminary investigation into the matter. Adkar, who appeared for his MPhil theory examinations in July 2022, claimed he was unfairly denied his marksheet after being told he had failed. He alleged that photocopies of his answer sheets, obtained after prolonged delays and intervention by the Maharashtra governor, who is the chancellor of all state universities, revealed tampering through overwriting and scribbling on his marks. Struggle for transparency Adkar’s ordeal began in 2022 when the university informed him he had failed but refused to provide access to his results or allow him to apply for revaluation, citing a rule that no revaluation facility is available for MPhil exams. However, Adkar produced a list of revaluation results from 2018 of MPhil students from other departments. After months of inaction, he sought the intervention of the governor, leading to the eventual release of photocopies of his answer sheets. However, the initial documents had the marks masked, and a second set allegedly showed evidence of tampering and overwriting. Adkar then filed a written police complaint against the law department at the Azad Maidan police station on October 30, 2024. “The law department denies failed students access to their results and revaluation opportunities, unlike other university departments,” said Adkar. “This discrepancy is deeply unfair and jeopardises my academic future, especially as the MPhil programme has now been discontinued by the UGC [University Grants Commission]. Despite all this, I found that they had tampered with the marks. To cover this up, they masked the marks in the photocopies given to me earlier. Isn't this criminal?” he added. Adkar also filed multiple Right to Information (RTI) applications, which revealed the university’s controversial policy of withholding results for failed students. The responses claimed there was no provision for revaluation or for sharing answer sheets with students who had not passed. Adkar, however, argues that these rules cited by MU in the RTI replies lack written backing and are arbitrary. “This behaviour by university officials is harassment under the guise of rules,” said Santosh Gangurde, state chief organiser of the Maharashtra Navnirman Vidyarthi Sena, who has been helping Adkar in his case. “Adkar’s persistence has exposed administrative failures, and those responsible must face stringent action,” Gangurde added. The University Grants Commission discontinued the MPhil degree in December 2023, making Adkar part of the last batch eligible for the qualification, heightening his concerns about delays. Legal intervention Frustrated, Adkar petitioned the Bombay High Court, arguing that his case shed light on larger issues of transparency and fairness within academic institutions. Adkar’s petition accuses the varsity’s law department of intentionally withholding his MPhil results for two years. The student alleged the department deliberately withheld his revaluation request and answer sheet instead of forwarding it to the director of the Board of Examination and Evaluation for proper re-examination, among other violations. Adkar also asserted that the department violated orders issued by the governor. Adkar in his petition sought an investigation into the matter and the filing of an FIR against teachers of the law department. He has also demanded that the answer sheets be sent to a handwriting expert for investigation. Police Speak PSI Parmeshwar Jadhav, the investigating officer in the case, told mid-day he was yet to meet university officials, the HoD and other teachers from the law department. “The court has directed that a preliminary investigation be conducted into the matter. However, I am on leave right now. I will be meeting all the parties involved in the case and take their statements first,” Jadhav said. When mid-day reached out to the HoD of the law department, Dr Swati Rautela, she did not comment on the issue. The university’s public relations department, also, did not respond to this reporter’s queries.
21 December,2024 07:24 AM IST | Mumbai | Dipti SinghADVERTISEMENT
