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Friday, October 23, 2015

Builders can’t sell common areas & amenities, Bombay HC

The Bombay High Court  (HC) recently clarified that the Promoter/developer has no right to sell any portion of the building which is not a flat  and the entire land and the building has to be conveyed to the society.The only right which remains with the promoter is to sell unsold flats .HC further observed that selling of common amenities like the basements, cellars, yards, gardens, parking areas and storage spaces is contrary to the development agreement and the provisions of development control regulations.

 
Photo courtsey http://1.bp.blogspot.com/


In pune and surrounding area sale, lease and commercial use of common amenities by builders’ promoters is common phenomenon, be it cooperative housing society, township, Special Township or any other complex. These people sale or lease common amenities or charge fees to the members for the amenities that are meant free for them. The recent judgement is setback to such activities.

Council for petitioner in this case submitted that those construction which were without consumption of any FSI were forming part of the common amenities and belong to the petitioner no.1 society for the benefit of its members and no interest of any nature whatsoever could be claimed by the respondent developer  in respect of such common amenities and thus no third party rights in respect thereof can be created by the respondent developer .
 
photo courtsey cruxcatalyst.com
In support of this submission, counsel placed reliance on the judgment of Supreme Court incase of Nahalchand Laloochand Private Limited vs. Panchali Cooperative Housing Society Limited (2010) 9 SCC 536 and in particular paragraphs 54 to 65 and submitted that the promoter has no right to sell any portion of the building which is not a flat and the entire land and building has to be conveyed to the petitioner. The only right which remains with the respondent no.1 is to sell the unsold flats and has no right to sell any stilt parking spaces or any area forming part of common amenities exclusive parking area allotted to the respondent developer under the said development agreement.

The Bombay high court through its order restrained a city builder from selling the common areas of a newly constructed building, Anand Villa, on Linking Road, Santacruz , Mumbai.In this case respondent developer  had created mortgage in respect of some part of the common amenities illegally along with three commercial shops. HC also restrained the respondent developer , their servants, agents and/or representatives and/or any other claiming by, from, through or under them are restrained by an order of injunction of this court from in any manner transferring, encumbering, alienating, or creating any third party right

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Saturday, October 10, 2015

FTII , Students and staff struggling with drug induced problems, appoints psychiatrist

Film Television Institute Of India ( FTII)  may be the India’s first educational institute that has appointed psychiatrists to treat students ailments related to addiction. The number of students and staff affected with addiction was so high that governing council of FTII had to take note of it in the meeting.  In October 2012 governing council resolved to deal matters related to drug consumption and drinking alcohol, seriously. However instead of dealing with it seriously institute appointed two psychiatrists in August 2013 to provide consultation to students and staff struggling with emotional and behavioral problems




There is no secret now that many FTII students consume drugs openly without any restrictions. Rampant drug use has caused a lot of problem in recent years here. Many of them in recent years have sought psychiatric intervention for drug induced depression.  It is very difficult to guess that when the first incidences of drinking alcohol & drug consuming actually were detected. However it is clear from the available proof that this “legacy” is being followed since long.

 
Photo Courtsey picsant.com
If filmmaker, former FTII graduate and faculty Uday Shankar Pani is to be believed, when he was in theinstitute, he had attended a class of a big filmmaker who would place a liquorbottle on the table and then begin his class. Pani agreed to that mindset as a student and made an adjustment. He later felt that even if the filmmaker was sitting there in a drunken state, he was delivering some great lessons in filmmaking. Later on Pani became faculty of FTII.

Photo Courtsey thehindu.com
It appears that as time passed the things became so worst that the Governing Council of FTII  had to take serious  note of drinking and drug consumption. Additional agenda Item on 124th governing council was ‘discipline in campuses’. The meeting resolved that ‘drinking alcohol, taking up drugs and any unbecoming behavior in campus and public places has to be stopped; also very strong action will be taken against those staff or students for breach of rules and law in the campus’ . Noted screenwriter and director Saeed Mirza presided over this meeting and was attended by Dr. Kiran Seth, Ms. Rama Vij, Aseem Sinha, then Director of institute Dr. Narain and present director Prashant Pathrabe was special invitee.

The resolution though does not elaborate much but  definitely throws light on what exact situation was in the institute. Actually it was moral and legal responsibility of all those bigwigs and authorities who attended this meeting to convey this situation to the police. However nobody felt it necessary because it would have caused damage to institutes stature. Though strong action was warned it was just eyewash. The only thing then director did was that he appointed two psychiatrists.

 
Photo Courtsey druglibrary.org
Actually FTII has on its panel two doctors for student’s minor ailments. In such case the Medical Officer diagnoses and treats illness injuries as far as possible. In serious case/cases ordinarily requiring treatment for longer than four days he has to refer the cases to other appropriate Institutions, specialists, Municipal Dispensaries or Government Hospitals for outdoor and other treatment.

The advertisement published in August 2013 by FTII to appoint psychiatrists says “The Institute wants to engage Psychiatrists (one male and one female) on contract on urgent basis. The duties of Psychiatrist would be to spread awareness, provide counselling for the students and staff struggling with emotional and behavioral problems. They have to support student's emotional and behavioral health, give treatment including counselling and medication.”

Photo Courtsey 1.bp.blogspot.com/

This may be the India’s first educational institute that has appointed psychiatrists to treat students ailments related to addiction. Big question is why FTII on its own appointed psychiatrists to treat students? Why didn’t they refer students to other public or private hospitals? Why did they hide this information from police? .Was it more important to protect institutes dignity than addressing countries’ most serious problem like drug addiction.The students are not allowed to do private job while they are learning , then who provides them money purchase drugs and alcohol. They consume drug means they are in contact with drug peddlers and this chain can lead to any type of serious crime. Were these bigwigs waiting for serious crime to happen? .The bigwigs who headed this institute and the authorities now have to answer these questions.

The Government is now having rounds of talks with student on so-called issues faced by this would be “center of excellence’. However none of them i.e the students or their supporters have addiction subject on their addenda. No authority has ever informed government about this issue. At least now FTII administration has to make clear whether any of the students and staff who are involved in talks with government is consulting with FTII appointed psychiatrist or not.

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Wednesday, October 7, 2015

FTII logjam, Government is negotiating with students on the issues that they are barred to interfere in.

The adverse publicity may be the reason why government is compromising with situation that has occurred due to Film & Television Institute of India’s (FTII) students strike. Otherwise no students are allowed to choose their administrator or principal anywhere in the world. FTII student can enjoy this privilege because it is a public institute. In private organization, they would have thrown these students out of the campus .




Actually as per rules FTII students are barred from any interference in administrative matters of the Institute.  Such Interference in administrative matters is major breach of discipline for which the student is liable for expulsion. However students in last some years have not only interfered in the administrative matters but also taken total control over it. Moreover the Government is also negotiating with these students on the issue that they are barred to interfere in. If followed properly there are several rule in FTII , that would have kept the students ‘student’ status intact . However compromising with these rules has raised their status from students to dictators.

Photo Courtsey atodblog.files.wordpress.com
There are several rules of this institute that nobody follows except only one, and that has turned this institute in a ghetto like society. As per this rule students are barred from complaining or reporting of any incidence,  no matter of whatsoever nature be taken to the outside agency like Police & Other organizations. They are allowed to do so only after approval of the director, FTII in writing. Everybody including students, staffs & administration follow this rule religiously. Hence incidences of whatever serious nature including deaths , thefts, sexual harassments, intimidation, alcoholism, vandalism, and nuisance etc. got buried in the  institute itself.

Photo Courtsey cliparthut.com
One may not believe but as per FTII rules no students of the Institute is permitted to accept any professional assignments before he/she completes training .Failure to complete course assignment on given frame due to individual reasons leads to de-enrollment. No student is allowed remain absent from classes or the examination without the permission in writing of the HoD or Dean. Adhering to strict course schedule is compulsory, only HoD’s are empowered to relax the same in deserving individual cases, depending upon circumstances. No alcoholic drinks or narcotic drugs are allowed to be brought to or consumed in the Hostel and the Campus. However Institute authorities for reason best known to them compromised with each of these rules.


All above situation was encouraging for those students who wanted to make this institution a way of their survival and they succeeded with help of faculty, HoD’s & Directors. Not all students are on strike but a group of few dominate the others. Actually the film wing of this institute dominates the others, especially the television wing. Students of film wing do not respect television guys. That may be another reason that striking students are opposing Gajendra Chauhan as he is mainly known for contribution in television.

Photo Courtsey http://www.glamsham.com/
 It is difficult to comment on when actually this stale mate will end. But while thinking on this strike one should not forget that, earlier students sent ministry a proposal to solve the crisis but latter on they denied it. They also denied that they had given any type of commitment to interlocutor Vidhu Vinod Chopra and Raju Hirani . Vidya balan denied that she had signed any proposal to support student’sstrike. Pallavi josh, Jahnu Baruah, Santosh Sivan resigned from the FTII society to support students but students didn’t request government to reinstate them.

Meanwhile Striking FTII students have now told the Government that Secretary of Information & broadcasting ministry can be the chairman of the premier Institute till revamped process of appointment is put in place. Earlier these students had demanded to put the FTII Society in abeyance. These both demands are childish. Government cannot appoint a new chairman or keep the present appointment on FTII in abeyance unless it first cancels earlier appointment. Whatever may the situation at present, The very fact is that right now Gajendra Chauhan is the Chairman of FTII.It is highly unlikely that the Government will climb down on its decision. If they do due to political reasons, that will be a pretty damning precedent to set for themselves.



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Sunday, October 4, 2015

Custodial death, family obtains information under RTI, files writ, Court orders government to pay compensation

Bombay high court recently awarded cost of rupees five lacs to the deceased under trial prisoner’s family. The family had obtained the relevant information under the Right to Information act and had filed a criminal writ petition in Aurangabad bench of Bombay High Court. Recently Government of Maharashtra has complied with court’s orders.


Under trial prisoner Namdeo Vaijanath Sable died in Beed central jail. He was lodged in jail as per orders of judicial magistrate, majalgaon. On 28.3.2009 at about 2.00 a.m. Namdeo started vomiting. He was taken to Civil Hospital but was declared dead. Only thereafter the incident was informed to the Namdeo’s family. In the post mortem report doctor gave opinion that Namdeo died due to head injury. Subsequently FIR was lodged.. The employees at the prison had beaten Namdeo; he sustained head injury and died.

Namdeo’s wife made several representations that her husband had been killed in the prison, however as usual nobody heard her pleas.  The newspaper reports also claimed that Namdeo died due to negligence in giving medical attention. When in spite of representations to various authorities, nothing happened,  Namdeos family filed application under Right to Information Act and obtained copy of FIR and medical report. Due to this information it was confirmed that cause of death was head injury.

Custodial Death Photo Courtsey Dnaindia.com 
Then Namdeo’s family filed a criminal writ petition in Aurangabad bench of Bombay high Court. High Court held that when a prisoner enters the prison, he is responsibility of the State. He has to be protected by the State from other inmates in the cell and even from the prison officials.

High Court also observed that, there is no reason why the State should not have cameras including night vision cameras, to cover all portions of the prison other than the changing room and toilets. There is no reason why, when such incident takes place, the State is unable to show from scientific evidence of video recordings as to what exactly happened when the victim is alleged to have slept in the cell along with other prisoners.
  
Video recording can show the truth. If the State fails to make provision to make such scientific evidence available, the State cannot escape the liability whenever such death occurs while the person is in the custody or in the prison. There is a tendency between jail officials to protect each other when one of them is responsible. The other inmates in the prison can be intimidated or for various reasons, their silence can be procured when prison officials are involved in atrocities on any inmate.

Photo Courtsey newindianexpress.com
HC also directed the State Government to consider inquest report recorded by Executive Magistrate Abhay Devidas Mhaske and read the same with the post mortem report and looking to the manner in which this inquest panchanama was recorded, take suitable action against the Executive Magistrate for his approach while recording the inquest panchanama which was either negligent or a conscious effort to shield those who were guilty at the prison

Photo Courtsey Yashada.org
Court ordered to pay compensation of rupees five lacs to the petitioners,  however left it at the liberty of   State  to recover the amount of compensation, interest and costs as directed to be paid, from respondents   i.e then jailor Dattatraya Devrao Sonawane, Havaldar  Ramesh  Tarachand Devre and Jamadar  Babusing Devrao Solunke  or such other officials as it may find to  be responsible.

High Court also asked to deposit compensation amount with interest and costs within two months from the date of  judgment i.e. 14 July 2015 , accordingly stategovernment has issued GR in that regard on 3 October 2015 . However GR doesn’t mention anything about recovering of said cost from anybody. Meanwhile  jailor, Dattatraya Devrao Sonawane has been sentenced to  5 years of  Jail term by district and sessions court of Beed on 25 September 2012. 

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Saturday, October 3, 2015

FTII row - Khan committee blames nexus between students, alumni, external faculty for entire mess

The majority of contract/external faculty who happen to be alumni of the institute as well as some other alumni who frequently visit and stay in the campus, they fuel the students without any responsibility towards orderly conduct of courses and passing out of students. The academic faculty keeps on changing its stand, this kind of wavering stand on the part of the faculty only aggravates the situation, putting extraordinary pressure on the present Director. These are some of the observations drawn by  S M  Khan committee that was appointed to assess the ground status of Film and television Institute of India ( FTII).




The committee also expected  contract faculty to restrict themselves to academic activities only rather than indulging in activities which are not academic in nature and are beyond their scope of work. It asked the administration of the Institute to seriously look into the behavior of the contract faculty.

If we look at the submissions made before the khan committee & it’s observations, some questions arise in mind i.e. who are these students with whom Government is holding talks? What is their locus standi? Are they the only stake holders or well wishers of the institute? How come mere 3-4 defaulter students are being allowed to decide future of the FTII., why government is not taking action against the students , faculty , staff who have duped institute for lacs of rupees? . Why government didn’t question director of FTII for not lodging complaint of contempt of national anthem against students? . Present students demands are to expel or throw out everything that they don't want or like, then instead of succumbing to that why don't government throw these students out ?

Khan Committee Report





While deposing before this committee some members  alleged that for some student’s participation in the strike is a way of survival. Not all students are on strike and a group of few dominate the others.  Students are virtually running the institute encroaching even on the administration’s domain. Over the past few years, the entire decision-making process in the Academic Council has been taken over by the students. The guest contract faculty freely mixes with students in “all their activities” and there is no control over production schedule or adherence of academic discipline. Contract faculty [who happen to be ex-students] instead of enforcing strict academic discipline, they accommodated all requests of the students in violation of norms.

Some staff members said that although the reason behind the delay in completing students projects was  being told the infrastructure, this was  not the main issue. The existing infrastructure is sufficient if schedules are strictly followed and all exercises are completed on time. There were always excuses resulting in exercises being re-scheduled which had a cascading effect on subsequent groups.
Photo Courtsey http://images.jagran.com/
There were also allegation of the students having long practice of a method called “interrogation technique" which is passed on by seniors to juniors and also “FTII Anthem” being sung by the students which is full of vulgar words. Some members also deposed that although the TV students are in favor of continuing their studies since a majority are staying in hostels, they are to toe the line of others.

Some members even suspected that the students follow a "secret cult" and alleged that use of abusive language, liquor & drugs by students was common and number of dignitaries were humiliated in the institute by them.
Photo courtsey http://vecto.rs 

Students were not clear on their stand while deposing before the committee. On a specific query about the decisions of Academic Council meetings by committee, one of the student stated that the AC in its 72nd meeting gave time to some students to complete the project. However, when he was asked to show the relevant paper, it was the agenda paper for the meeting which mentioned this item as one of the agenda. The student was told that the minutes of the meeting do not show any such decision. When asked about the final notice of December 2014, for taking over of the projects by the institute and notice for vacation of hostel, the students did not give any clear reply and stated that there were many notices and they were not given serious note of as a tradition in FTII.

The students requested for the matter that was not within the domain of committee, administration or even minister. They asked the casual (contract) labourers may not be stopped from work as they are working in the institute for a long time and they are being penalized for no fault of theirs.

The alumni stated that they stand by the students with respect to their core demands. They also mentioned about the inclusion of some members in the Society. When asked about the various AC decisions and the subsequent notices, they had no clear answer and only stated that this was not the opportune time. They finally requested for withdrawal of FIRs against the students and address their core demands.

The Former Director (Shri D. J. Narain) was requested to submit a Report on the status of the 2008 batch .following points emerged from his report-

a) The reasons for delay of final year projects were primarily due to non- submission of scripts (from students) . Special workshops were also conducted for this purpose.

b) Infrastructure was not an issue and additional infrastructure was made available to enable both 2008 and 2009 Batch to undertake their projects. While 2009 completed, 2008 is still in the campus. No preference was given to any Batch over the other.

c) Director did not interfere with any academic decision. These decisions were taken in meetings where the faculty participated and in the academic Council meetings.

d) The assessment of 2008 batch is legitimate. There are instances when the assessment was made on ‘as is where is’ basis including the second year of 2008 Batch.

The committee also considered previous committee reports that were constituted under similar circumstances. There are a number of places in the report where the behavior of the students and conduct of the faculty were highlighted.


Photo courtsey drawnbyfire.files.wordpress.com
After taking into considerations, all the stake holders' views the committee further observed that the unfortunate incidents that led to the lodging of FIR were due to the constant shifting of stand by the faculty. Earlier HoDs unanimously agreed with the proposal to assess the projects of 2008 on “as is where is’ basis however while interacting with the Committee they stated that this was not an opportune time to do the assessment. Another clear example was when they spoke to the Committee; they put the entire blame on the previous Management including the former Director. However, subsequently they “clarified” that everybody should be responsible for academic delays. Committee also noted that all the documentation from 2013 onward in this regard had been by consent and under the signature of the faculty. Committee also noted that faculty may be changing its stand frequently due to populism or intimidation.

Committee also put the onus of delay in projects on students it observed  that the Academic Council meeting minutes, the notices issued thereafter and the Report of the former Director clearly indicate that the reasons for delay for completion of the 2008 Batch are attributable to the students



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Wednesday, September 30, 2015

Maharashtra Government Announces 41 Online Services Under MRTPS Through Single Portal ' Aaple sarkar'

Maharashtra Government will be giving 41 services online from Mahatma Gandhi Jayanti i.e 2nd October 2015. Circular regardingthis has been issued to all the concerned departments. The government has notified The Maharashtra right to public services act 2015 on 28th April 2015. As per section 3 of said act citizens need to go to citizen felicitation centers like setu, Maha e-seva or sangram centers.



To avail some such services citizens have to visit different websites. Now Maharashtra government has decided to provide all these services from a single portal called ‘Aaaple Sarkar’. To make this possible government has asked various departments to

1) make available all its notified services through a single portal ‘ Aaple Sarkar’ in addition to existing systems.

List of on line services to be provided through Aaple Sarkar

2) Departments will have to make available online appeal system also.

3) If the service is related to certificates then such certificates should be made available online. Applicant should be provided with receipt of application and date of service to be provided

4) Date of application and date of service actually provided should be there on “ Aaple sarkar’ portal

5) Applicant should be provided unique application number so that he/she can check its status online.

 
List of on line services to be provided through Aaple Sarkar
Departments have been asked to make necessary technical changes in their present system to make it possible to provide such services through ‘Aaple Sarkar’. Government intends to provide 41 such services online from 2nd October 2015. Government also expects these services should be provided in such a manner that citizens need not go to any office.

List of on line services to be provided through Aaple Sarkar
Government has asked departments to form a task force that should consist of officers at divisional, commissioner, directorate and secretariat level. This force should be headed by secretary of concerned department or his representative of not lass than deputy secretary rank. This task force will make necessary changes in existing system of providing notified services if necessary. Government has also asked departments to form a task force before 15th October and complete its activities within one month after that.


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Monday, September 28, 2015

FTII Hunger Strike Called off , Struggle to Control Money Minting Machine Continues

Finally the​ agitating Film and ​Television ​Institute of India (FTII) students called off their ‘17 day long !’  ​hunger strike​ . However,​their primary agitation against Gajendra Chauhan and the appointments of Sangh Parivar members in the FTII would go on. This was clarified by the students after the Information and Broadcasting (I & B) Ministry agreed to hold fresh talks. ​Paradoxically, student’s frequently changing stance and demands have brought this agitation back to square one.

Photo courtsey hindustantimes.com

Looking back on their 108 day long agitation and “1​7 day long Hunger strike!’​,​ it is now clear that​ the​ students don’t want to end ​their ​agitation. Actually​,​ ​the ​students and ​the ​government had ​arrived at ​a ​settlement and ​an ​understanding on 25th July 2015 ​itself when​ the​ students along with ​the ​interlocutors Vidhu Vinod ​Chopra and Raju Hirani​ met with the Ministers.

However​,​ ​the ​students ​resiled on ​their ​commitments made to interlocutors also. ​The Government in its several letters has alleged that students frequently changed their stance and made factually incorrect averments in communications.

Students do not ​want Government to have any references​ ​/​ ​preconditions​,​ ​e​specially ​to and in the meeting held on 25-07-2015 in the presence of the interlocutors Vidhu Vinod Chopra and Shri Raju Hirani. In fact,​through one of the letters they ha​d clarified to the ministry that ​the ​student representatives never gave any kind of commitments to the interlocutors to reside on them later in any capacity .

In the nutshell students want the government to have talks with them afresh without any precondition​s​. There are two reasons why students don’t want any pre​-​con​d​i​ti​ons before any talks.

Firstly,​the main intention of the strike was the assessment of incomplete projects. When​the​academic council of FTII decided that when delays to complete projects are caused without any valid reasons, the project even though incomplete, will be stopped within the time frame and assessment will be done accordingly on as​-​is​-​where​-​is basis. Students were opposing that decision but there was no reason they could start an ​agitation ​because several student​s​ haven’t completed their project​s​ ​for ​years together​ which they should have complete​d​ within three months.

Meanwhile , the​ Government reconstituted FTII and appointed Gajendra Chauhan ​and ​other members on it. No doubt these appointments were politically motivated but student​s​found this as an excuse to agitate. And obviously Modi critics supported the students. However this support was for the appointments only and not for the students original ‘assessment’ cause. This support was so overwhelming that the students also forgot their original aim of the​agitation. However with time, every body concentrated on issue​s​other than assessments and that is the reason students don’t want any preconditions before​the talks. ​This is because if talks continue on  ​the basis of discussions held on 25th July then the “assessment issue will not be discussed.

​Secondly, the students have nothing to lose if agitations continue​but everything to gain with support from people with their own agendas. They can enjoy the  ​agitations ​for ​months together. The agitation is​ ​on FTII premises. This may be the India’s first agitation which is being run from Government building​s  ​and funds. FTII not only pa​id  ​the ​air fare to the agitating students to go to Delhi but also admitted the fasting students in private hospitals at great cost.
 
​Addition​ally, the  ​students have no worry about their lodging  ​and  ​boarding. They can get money to run their agitation or day​-​to​-​day expenses from institute as and when require​d​. Yes, it is true. After students started agitation on 12th June​,​ one agitating student submitted ​a ​bill of rupees 30,000/-  as reimbursement of expenses towards ​the purchase of ​photo frames. Such frames are available in market maximum at the cost of ​Rs.​100 to 200​. However ​the ​student​​ charged ​Rs. ​3000 per frame. The bill was approved and signed by all the authorities on 16th June and cleared on ​the ​same day. The receipt submitted doesn’t bear the name of ​the ​purchaser. ​Absurdly, the bill was s​sanctioned as contingency ​without reason. The HoD concerned who approved  ​this suspicious bill has generously sanctioned  ​Rs. ​2​5000 instead of 30,000. This student hasn’t submitted accounts or returned  ​the ​money ​taken ​earlier. 

This is just one example but shows how money is being siphoned off from the institute with help of​ the​ authorities and shows how authorities are sponsoring the agitation​ with 'artistes' in tow​. For some people FTII has become money minting machine and hence everybody wants control over it. 

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Thursday, September 17, 2015

FTII Students Strike, New Documents Raise Doubts on Students Intentions

New documents obtained under the RTI Act reveal that the sole purpose of all the agitations and hunger strike of students of FTII was to take total control over the institution and that they had no problem with Gajendra Chauhan and Shailesh Gupta. These were red herrings. The stalemate is now restricted to three names only.


Students Don't want to leave their heaven
Photo courtsey the scroll

After meeting the Minister of Information & Broadcasting and the Minister of State on 25 July 2015, the students wrote a letter to the Directors of FTII giving a solution to resolve the ongoing crisis. The students were apparently happy with the discussions at Delhi. Post-meeting, the students had intense deliberations and discussions with the larger student body. Then they sent a proposal to the Director who in turn forwarded it to the Ministry. The students mentioned that the proposal to resolve crisis was based on what they (students) understood from the various proposals put forward during discussions with the Ministers.

Lets us first see actually what student’s proposal was

l. Three out of the five contentious members of the proposed society (Anagha Ghaisas, Narendra Pathak and Rahul Solapurkar) would be replaced immediately by three new mutually agreeable members.

2. Three members who have resigned (Jahnu Baruah, Santosh Sivan and Pallavi Joshi) would be replaced by three new mutually agreeable members.

3. For the tenure of the current society, a Vice-Chairman would be elected from among the Society members. All the powers of the Chairman would be vested in this Vice-Chairman while Mr.Chauhan would function as the interim titular head.

4. Mr. Chauhan would not be a part of the revamped process of appointing the new Director at FTII a search committee could be formulated for the appointment of the director- they would be entrusted with identifying suitable candidates.



5. The main demand of the students is academic excellence; to achieve this. a "Mentor/Academic chair" would be created at FTII  who would help steer the institution in all academic matters. This mentor would arrive at decisions in consultation with students, teachers and other bodies. By definition he/she would be an active member of the Academic and Governing council.

6. A time bound Committee with a clear mandate should be formed to look into the reasons of the current crisis and suggest new rules towards formation of all the future FTll Societies in a transparent manner.

7. A Study Group comprising eminent people and academicians will be formed to look into the academic, administrative, infrastructure and human resource issues of the institute and help in the transition to the Institute of National importance. Recommendations of previous Committees such as the Khosla committee and the Nair committee reports could be considered to avoid duplication.

However, the students still have apprehensions about the role of the appointed Chairman under these circumstances. A proactive mechanism devised to address these apprehensions would help strengthen your commitment to make FTII a truly world class Film Institute. We suggest that the post of the Vice- Chairman in the current Society; to be given the title of Co-Chairman. All the powers of the Chairman would be vested in this Co-Chairman and the appointed Chairman would function as the interim titular head.


FTII Students proposal

The modalities and the time frames within which these solutions would be arrived at will be very critical to expedite the process. Also, the different committees suggested should have a clear mandate and should be time bound with members representing the highest academic excellence. In light of the above, if we mutually agree to the proposals discussed and apprehensions raised, it would help us resolve the current crisis at the earliest.


What prompted students who were earlier adamant on dropping five members to suddenly agree to retain Gajendra Chauhan and Shailesh Gupta? What was it that made Chauhan and Gupta non-contentious almost overnight? The students had earlier insisted that none of these five has strong credentials to become members of this premier institution. They also alleged that these five were political appointments. If that be so, why didn’t they oppose Pranjal Saikia who was an office-bearer of the RSS-linked Sanskar Bharati. Their vociferous protestations have suddenly gone silent.


Whatever be the reasons, it now appears that their opposition has whittled down only to three
Photo courtsey Ravi Karandeekar
names i.e Anagha Ghaisas, Narendra Pathak and Rahul Solapurkar. Students want these three and other members who have resigned (Jahnu Barua , Santosh Sivan and Pallavi Joshi) to be replaced by new mutually agreeable members. Why do the students not want back the members who resigned to support them? And what is this new condition of “mutually agreed” members. Process of such appointments should be transparent but that doesn’t mean appointments by “Mutual understanding” with agitators. Will not all other such institutions ask for similar changes then? This will then become the proverbial tip of the ice berg for agitations in the future.

Earlier the students didn’t want Gajendra Chauhan and four others to be associated to a “premier Institute’ like FTII. Then how come suddenly only Gajendra Chauhan and Shailesh Gupta are acceptable and not the other three who are presently on the board? Are they to be sacked? And if so what is the charge-sheet against them?

The president or chairpersons of governing council of FTII are, in any case, ornamental posts only. They don’t have any special powers. That means these posts have been titular all along. Then why did the students oppose Gajendra Chauhan in the first place? Their earlier objection that Chauhan did not have any association with FTII in the past and ,nor could he be placed in the same league as some of his predecessors  has suddenly vanished in thin air. Does the only being titular make him to be placed in that league?

Students’ another demand is, Vice-Chairman would be elected from among the Society members. All the powers of the Chairman would be vested in this Vice-Chairman. Presently, the Governing council elects the Vice Chairman. What difference it would achieve if society members elect the Vice Chairman is difficult to understand. Giving powers to the Vice Chairman or any other member is the prerogative of the Governing Council of FTII. The government has nothing to do with it and the students far from it.

Students don’t want Chauhan to be a part of the revamped process of appointing the new Director at FTII. A search committee could be formulated for the appointment of the director- they would be entrusted with identifying suitable candidates. FTII rule 37 (i) specifically says that the Director shall be appointed by the Governing Council with the prior approval of the Central Government on such terms and conditions as may be approved by the Central Government. It is up to the governing council whom to make part of such appointing process. It is another thing that till today governing council has made chairman a part of such process.

Their next demand is the creation of  "Mentor/Academic chair" who would help steer the institution in all academic matters.  Interesting part of this demand is they want this mentor to arrive at decisions in consultation with the students, teachers and other bodies.

In nut shell, the students want total control and say in the process of appointing, president, chairman, member, director and also administrative decisions. It seems that if government appoints members with mutual understanding with students then that is the only transparency as far as current process is concerned. Those who appoint have the powers to replace and re-appoint. So, when would the students study and learn the basics of films and television. In their spare time?

What difference does it make if  Gajendra Chauhan associates with FTII as titular or regular? How is it not going to affect the prestige of the Institute? How out of 6 members (Pranjal saikia included)  only 3 members are contentious and others not? Students now have to answer as to the extraneous considerations that have weighed on their minds while trying to stage an official coup and take over the prestigious institute, which will go further down hill until it crashes if these demands are accepted.


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