Citation : 2026 Latest Caselaw 680 Bom
Judgement Date : 21 January, 2026
2026:BHC-NAG:1014-DB
WP No.3887.17.odt 1/22
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 3887/2017
1. Sangita D/o Sudhakar Nagpure,
Aged about 45 years, Occ - Service,
R/o. Riddhi-Siddhi Apartment,
Balaji Colony, Shivaji Nagar,
Paratwada, District - Amravati - 444 805.
AND
C/o Shri Sudhakar Rajaramji Nagpure
Gopalnagar, Paratwada,
Tahsil : Achalpur,
District : Amravati.
... PETITIONER
...VERSUS...
1. The Schedule Tribe Caste Certificate
Scrutiny Committee, Sana
Building, Chaprashipura,
Amravati through its Member
Secretary.
2. Directorate of Agriculture
through its Desk Officer, M.S.
Central Building, Pune.
...RESPONDENTS
---------------------------------------------------------------------------------------------
Mr. Ashwin Deshpande, Advocate for petitioner
Mr. N. R. Patil, AGP for respondents/State
---------------------------------------------------------------------------------------------
CORAM : SMT. M.S. JAWALKAR AND
NANDESH S. DESHPANDE, JJ.
RESERVED ON : 06th JANUARY, 2025.
PRONOUNCED ON : 21st JANUARY, 2026.
WP No.3887.17.odt 2/22
JUDGMENT (PER : NANDESH S. DESHPANDE, J.)
Rule. Rule made returnable forthwith. Heard finally with the
consent of learned Counsels for the parties.
2. This petition filed under Article 226 of the Constitution of
India challenges order dated 21.04.2017 passed by the respondent
no. 1 that is the Scheduled Tribe Caste Certificate Scrutiny
Committee, Amravati, thereby rejecting the validity certificate to the
petitioner.
3. The facts which are more or less undisputed can best be
stated in a narrow compass as under.
4. The petitioner according to the petition has obtained Master's
degree in Science (Agricultural) in the First Division from the
Punjabrao Krushi Vidyapith, Akola and had applied for the post of
Class II in Maharashtra Agricultural Service pursuant to the
advertisement which was issued by the Maharashtra Public Service
Commission. The said post is a class II post under the respondent
no. 2 i.e. Directorate of Agricultural. After being called for interview
the petitioner was selected as a candidate belonging to the
Scheduled Tribe Category. The petitioner was thereafter informed
that she being a candidate belonging to Scheduled Tribe category
unless she produces caste validity certificate which to be issued by
the respondent no. 1, it would not be possible to issue an
appointment order. Thus, the caste certificate produced by the
petitioner dated 26.07.1991 issued by the Executive Magistrate,
Morshi, District Amravati, certifying that the petitioner belongs to
Halbi / Halba Scheduled Tribe was referred by the respondent no. 2
to the respondent no. 1 Committee in accordance with the
provisions of The Maharashtra Scheduled Castes, Scheduled Tribes,
De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other
Backward Classes And Special Backward Category (Regulation Of
Issuance And Verification Of) Caste Certificate Act, 2000.
5. The respondent no. 1 committee thereafter conducted an
enquiry through its Vigilance Cell and obtained a vigilance report.
Since the vigilance report was not in favour of the petitioner, the
committee held that the certificate produced by the petitioner is
invalid. The said order was challenged by the petitioner by filing a
Writ Petition before this Court bearing Writ Petition No. 1808/1998.
The said petition was finally heard on 03.07.2014 wherein this
Court remanded back the matter to the Committee to decide it
within a period of seven months.
6. In pursuance to the order of this Court the petitioner applied
afresh on 31.07.2014 along with all the relevant documents. The
petitioner in support of her claim had filed a following documents
as stated in the petition.
Sr. Annex Particulars of Documents Date No. No. Copy of the extract of births/deaths register issued in favour of the female 1 child born to Rajaram Sadashiv Halbi / 18.10.1933 P-12 Halba, Sarmaspura, the grand father of the petitioner.
Copy of the extract of births/deaths register issued in favour of the female 6.1.1920 child born to Rajaram Sadashiv Halbi / 2 P-13 Halba, Sarmaspura, the grand father of 8.1.1920 the petitioner by the Municipal Council, Achalpur.
Copy of the extract of births/deaths register issued in favour of the female 3 25.6.1925 P-14 child born to Sadashiv Fakirji Halbi / Halba, grand father of the petitioner.
Sr. Annex Particulars of Documents Date No. No. Copy of the extract of Records of Rights issued in favour of Shri Sadashiv Fakirji Halbi / Halba, R/o: Sarmaspura, 4 27.4.1932 P-15 Achalpur issued by the Settlement Officer, grand father of the petitioner's father.
7. In addition to this the petitioner filed seven more documents
in support or her caste claim as belonging to Halbi / Halba
Scheduled Tribe Category.
Sr. Annex
Particulars of Documents Date
No. No.
Copy of Form A(a) Births Register extract
1 showing female child born on 7.5.1940 7.5.1940 P-22
issued by
Copy of caste certificate issued by the
Executive Magistrate, Achalpur issued in 2 13.05.1940 P-24 favour of Smt. Lakmibai W/o Rajaram Nagpure, grand mother of the petitioner.
Copy of Form-A extract of birth register issued by Municipal Council, Achalpur, in 3 26.10.1944 P-25 respect of the petitioner's grand father, Rajaram Sadashive Nagpure.
8. However since no decision was taken by the Scrutiny
Committee over her application, the petitioner was constrained to
file another Writ Petition bearing Writ Petition No. 5130/2016 for
direction to the respondent no. 1 Committee to decide her caste
claim as early as possible and within a stipulated period. This Court
vide its order dated 05.10.2016 directed the respondent no. 1
Committee to decide the caste claim of the petitioner within a
period of six months.
9. Thereafter, the petitioner received notices from the Scrutiny
Committee asking her to appear and submit documents in support
of her claim. Ultimately, the committee passed an order on
21.04.2017 invalidating the caste claim of the petitioner and
cancelling the cast certificate dated 27.06.1991. It is this order of
the Scrutiny Committee which is challenged in the present petition
on grounds as stated in the petition.
10. We have heard Mr. Ashwin Deshpande, learned counsel for
the petitioner and Mr. N. R. Patil, learned AGP who appears for the
respondents/State.
11. The learned counsel for the petitioner submitted that the
committee has grossly erred while invalidating the caste claim of
the petitioner and the findings recorded for the said invalidation are
totally based on irrelevant consideration.
12. He further submits that there is no dispute regarding the
petitioner producing all the documents as mentioned supra, the
genuineness, authenticity and existence has neither been gone into
by the said Committee nor there is any finding regarding the
documents being false, bogus or non-existent. Thus, it is the
submission of the learned counsel for the petitioner that the said
Committee has failed to apply its mind to all those documents.
13. He further submits that the petitioner comes from Achalpur
City which is a border area of Melghat and is earmarked for Halba /
Halbi tribals in the map of tribal area prepared by the State
Government. The Achalpur city was included in the tribal area,
prior to the removal of area restriction in the year 1976. The
Committee, in the submission of the learned counsel for the
petitioner has ignored this material aspect leading to invalidation
which cannot make stand the scrutiny of law. The learned counsel
for the petitioner further submits that the entire basis of
invalidation of her cast claim is regarding the alleged failure on the
petitioner to establish the affinity test. This finding is totally
erroneous as according to the learned counsel for the petitioner it
has been now well settled that affinity test is not a litmus test for
consideration of caste claim. In totality the learned counsel for the
petitioner submits that the order of the committee is vitiated for
non-consideration of these material aspects and it ought to have
validated the caste claim.
14. Per contra, learned AGP submits that when the vigilance
officer visited to verify the birth extract dated 18.10.1933 and
24.03.1944 related to Rajaram Sadashiv who happens to be grand
father of the petitioner, the Nagar Parishad Achalpur informed the
vigilance officer that the said record is not available. He further
submits that after receipt of the vigilance report the answering
respondent has found adverse entry of the petitioner's blood
relations belonging to Koshti caste from 1921 to 1974 by taking us
through the reply filed by the respondent no. 1, and more
particularly the chart therein, the AGP submits that there are
adverse entries in the form of Koshti the said charge is reproduced
as under:-
Relation Sr. Date of Name Documents type Caste with No. document petitioner Sonya S/o Great 1 Fakirya Death Extract Koshti 09.10.1921 Grandfather Koshti Birth extract Fakiriya S/o (male child Great-Great 2 Koshti 09.09.1936 Mulaji Koshti born to Grandfather Fakiriya) Birth extract Rajaram S/o (male child 3 Sadashiv Koshti 21.04.1938 Grandfather born to Koshti Rajaram) Birth extract Pandurag S/o (female child Cousin 4 Sadashiv Koshti 24.02.1944 Baji born to Grandfather Koshti Pandurag) Birth extract Ramdas S/o (female child Cousin 5 Sadashiv Koshti 03.08.1944 Nalini born to Grandfather Koshti Ramdas) Tukaram S/o Paternal 6 Pandurang School extract Koshti 09.04.1948 Uncle Nagpure Birth extract Fakiriya (female child Great-Great 7 Koshti 17.11.1948 Mukaji Koshti Tulshi born to Grandfather Fakiriya)
15. He further submits that the names of blood relatives
mentioned hersel6 ptf by the petitioner repeating the caste as Koshti
and some of the entries being of pre - Constitutional period have
greater probative value. He therefore submits that the petitioner has
failed to prove her tribe claim on the basis of documents and has
suppressed the fact regarding the documents of her blood relatives
which were found during the vigilance enquiry pertaining to 'Koshti'
caste. He therefore, prays for rejection of the petition.
16. In the light of these facts, we have appreciated the
controversy involved in the present petition and have also gone
through original record produced for our perusal by the learned
AGP. As can be seen from the order of the Scrutiny Committee
impugned in the petition, in para 2 thereof the Scrutiny Committee
has reproduced a list filed by the petitioner in support of her caste
claim document at serial no. 13 is the transfer certificate of one
Rajaram Sadashiv which is the oldest document dated 14.10.1910
this person, according to the petitioner, is her grand father. In the
said document the caste is mentioned as Halbi.
17. The next document is dated 24.03.1944 which is a birth
certificate of Rajaram Sadashiv which also states his caste to be
Halbi. Furthermore, as stated above and has also been recorded by
the Scrutiny Committee the documents of the blood relatives of the
petitioner depict a name as 'Koshti'. The relevant discussion is found
with respect to the issue no. 1 in the order impugned. The Scrutiny
Committee finds that the documents at serial numbers mentioned
therein depict the cast as 'Halbi' and not 'Halba'.
18. Thereafter, the documents at serial nos. 29 and 30 which are
extract of birth and death of Rajaram Sadashiv and Sadashi Fakira
even though pre- Constitutional documents record the caste as
'Halbi'. It therefore records a finding that the said documents show
contradictory entries this fact is also clear from the documents filed
on record by the petitioner himself. The Scrutiny Committee further
records a finding that the entry of 'Halbi' in the said documents
does not support the case of the petitioner.
19. It is a matter well settled that the presidential order of 1950
is to be read as it is and wherein 'Halba' and 'Halbi' are mentioned
as different Scheduled Tribes. It is relevant to point out that the
tribe 'Halba' was a singular entry at serial no. 13 in part IV of the
Schedule to the Constitution (Scheduled Tribes) Order, 1950, which
was issued by the Hon'ble President of Indian in exercise of powers
under Article 342 (1) of the Constitution, for the State of Madhya
Pradesh. Thereafter, by way of an amendment i.e. Scheduled Castes
and Scheduled Tribes Orders (Amendment) Act, 1956, which come
into force with effect from 25.09.1956, Part IV of the Schedule for
the State of Madhya Pradesh was amended by replacing entry No.
13 'Halba' with entry 13 'Halba or Halbi'. Thereafter, by the
Scheduled Castes and Scheduled Tribes Orders (Amendment) Act,
1976 with effect from 18.09.1976, the Schedule IX came to be
amended by deleting the original Entry 13 and inserting Entry 19 as
'Halba, Halbi' for the State of Maharashtra pursuant to the States
Reorganization Act. Therefore, the fact remains that entry no. 19 in
Schedule IX for the State of Maharashtra of the Constitution
(Scheduled Tribes) Order, 1950, stood amended as Entry No. 19
'Halba, Halbi'.
20. The punctuation mark COMMA (,) was inserted between the
two Tribes 'Halba and Halbi', in Entry No. 19 Part IX in the second
schedule of the Constitution (Scheduled Tribes) Order, 1950 by the
Scheduled Castes and Scheduled Tribes Orders (Amendment) Act,
1976 with effect from 18.09.1976. The importance of the said
punctuation mark found in presidential entries and the relevance
thereof is no more res-integra and as held by Full Bench of this
Court in Maroti s/o Vyankati Gaikwad and others Vs. Deputy
Director and Member Secretary, Scheduled Tribe Caste Certificate
Scrutiny Committee, Amravati and others, reported in 2023 MhLJ
Online 130, the punctuation mark COMMA (,) occurring in the
name of each tribe, functions as a tool to indicate to readers a
certain separation of words, phrases or ideas in order to prevent
misleading the writer's intended meaning. This is also considered by
the Hon'ble Apex Court in the State of Maharashtra and others vs.
mana Adim Jamat Mandal, reported in 2006 (3) Mh.L.J. (S.C.) 407
in which it has been held that the punctuation mark COMMA (,)
between one entry and another in the group signifies that each one
of them is deemed to be a separate Scheduled Tribe itself. From the
authoritative judicial pronouncement of the Full Bench of this Court
and the Hon'ble Apex Court referred supra, it is clear that the
entries "Halba and Halbi" though separated by punctuation mark
COMMA (,) are not synonyms with each other and they are
separate and distinct.
21. We had initially closed the matter for judgment after hearing
the learned counsels for the parties on 06.01.2026, but since we
had some doubts, we again placed the matter in the Court for
further hearing and accordingly we have heard the matter on
17.01.2026. On the said day the learned counsel for the petitioner
in support of his contention has placed a compilation of judgments
on record in support of his submissions.
22. The learned counsel for the petitioner has placed before us
notification issued in the year 1950 which we have, discussed in the
above para. Thereafter, the learned counsel for the petitioner has
placed reliance on a judgment (2006) 4 SCC 98, State of
Maharashtra and Others vs. Mana Adim Jamat Mandal, where the
question was "whether the "Mana" community in the State of
Maharashtra is a sub-tribe of "Gond" and is a Scheduled Tribe or
not?. While answering this question, after discussing the relevant
case laws, the Hon'ble Apex Court went on to hold that "Mana" is
not a Sub-tribe of "Gond' but a separate tribe by itself and is a
Scheduled Tribe. The learned counsel for the petitioner thereafter,
placed reliance on judgment delivered by co-ordinate Bench of this
Court in Writ Petition No. 597 of 2021, Anand s/o Dattatraya
Kumbhare Vs. The Scheduled Tribes Certificates Verification
Committee, Amravati And Another where the Division Bench
observed that 'Halba/ Haalbi' shown in Entry No. 19 of the
Scheduled Tribe Order and are commonly used as synonyms of each
other. In some of the documents of pre-consitutional era relied upon
by the petitioner the entries of 'Haalbi' are shown. Thereafter,
relying on a earlier Division Bench judgment in Tejas Ramsh Katole
Vs. The Scheduled Tribes Caste Certificate Scrutiny Committee and
others in Writ Petition No. 3758 of 2020, the Division Bench
recorded that the same has not been found to be very material. It
went on to observe that the entries are in vernacular and a minor
difference would not be material. Furthermore, it noted that
relationship of the petitioner with his predecessors as was indicated
in the family tree is not seriously disputed by the Vigilance Cell. It
therefore, went on to set aside the order of the Scrutiny Committee
and held that the petitioner has proved that he belongs to 'Halba'
Scheduled Tribe.
23. The next judgment on which reliance is placed by the learned
counsel for the petitioner is in Writ Petition No. 2244 of 2018, Ajay
Narayan Parate Vs. State of Maharashtra And Others wherein the
Division Bench relying on Anand Katole Vs. Committee for Scrutiny
and Verification of Tribes Claim, reported in (2012) 1 SCC 113 held
that the affinity test can be used as corroborative piece of evidence
and it cannot be treated as litmus test and went on to set aside the
order of the Scrutiny Committee. The next judgment on which
reliance is placed in Writ Petition No. 5293 of 2013, Sanjay S/o
Rama Nandanwar Vs. The State of Maharashtra and Others wherein
the Division Bench traced the history of the Entry No. 13 'Halba or
Halbi'. The next judgment on which reliance is placed by the
learned counsel for the petitioner is Shubham S/o Sanjay
Nandanwar Vs. Scheduled Tribe Caste Certificate Scrutiny
Committee, Amravati And Others reported in 2021(1) Mh.L.J. 379
where the petitioner claimed to belong to 'Halbi' Scheduled Tribe
which was invalidated, in this judgment also the Division Bench set
aside the order of the Scrutiny Committee.
24. The next judgment which would be relevant in the present
matter is of Samriddhi Yogesh Savale Vs. State of Maharashtra And
Others reported in 2024(6) Mh.L.J. 670 where the claim was
regarding 'Tokre Koli'. The Division Bench after appreciating the
entries relied upon by the Scrutiny Committee held after relying on
earlier judgment of this Court in Milind Sharad Katware and others
Vs. State of Maharashtra and others, reported in 1987 Mh.L.J. 572
that Admittedly, the tribe 'Koli' which was initially included in other
backward class was subsequently, included in special backward
class. As against this, 'Tokre Koli' or 'Dhor Koli' are included in entry
at serial No. 28 of Scheduled tribes and obviously, therefore, Koli
entries would be inconsistent with the claim of 'Dhor Koli' or 'Tokre
Koli'. In para 21 and 22 this Court held as under :-
"21. True it is that there is no clear entry of 'Tokre Koli' which is the claim of the petitioner of the pre- constitutional period and the word 'To' seems to have been added at a later point of time. However, we have already considered the aspect as to whether claim of 'Tokre Koli' and that of 'Dhore Koli' or 'Koli Dhor' could be treated as inconsistent, in the matter of Nilesh Sonawane (supra). We pointed out that entry No. 28 of schedule of Tribe Order, 1950 mentioned four tribes - 'Koli Dhor', 'Tokre Koli', 'Kolcha' and 'Kholga'. If the legislature in its wisdom has put 'Koli Dhor' and 'Tokre Koli' in the same entry, the claim of 'Tokre Koli' cannot be treated as inconsistent with that of 'Koli Dhor'.
22. There is one more aspect which needs to be emphasized in this context. A person would not derive any additional advantage or benefit by being described as 'Tokre Koli' instead of 'Koli Dhor' or vice versa. This would be another reason not to treat such claims to be inconsistent. Therefore, when, as is mentioned herein-
above, there is acceptable documentary evidence of pre- constitutional period wherein the petitioner's forefathers were described as 'Dhor Koli' or 'Koli Dhor', the committee could not have refused to extend its benefits to her when she has been claiming to be a 'Tokre Koli'."
25. The same finding has been recorded in a subsequent
judgment reported in 2025(1) Mh.L.J. 741, Laxman S/o Subhash
Koli Vs. State of Maharashtra and others and in para 17 it was
observed as under :-
17. With utmost respect, the observations (supra) in the matter of Samriddhi Yogesh Savale would clearly demonstrate that the documentary evidence was analyzed and inter alia it was observed that a person would not derive any additional advantage or benefit by being described as 'Tokre Koli' instead of 'Koli Dhor' or vice versa, obviously, as both these tribes find place at the same serial No. 28 of the Schedule of the Constitutional notification, 1950. Since it is a matter of appreciation of evidence, the observations in the matter of Samriddhi Yogesh Savale (supra), as we have reiterated herein above, is a matter of proof on the principle of preponderance of probability and it is in that context it was observed by the division bench in Samriddhi Yogesh Savale (supra), which course we seek to follow, when there are favourable entries may be of 1952, onwards wherein the petitioner's grandfather and father were described as 'Tokre Koli' in the school record. It is not a matter that there is absolutely no evidence to substantiate petitioner's claim. To repeat, even though the petitioner's forefathers were described in the birth record, right from 1919, during the pre-
constitutional era as 'Dhor Koli', the petitioner's family was not to derive any additional advantage by seeking to change the description in the post-constitutional period as 'Tokre Koli'
when the notification issued under Articles 341 and 342, enlisted both these tribes at the same serial number 28. In these peculiar circumstances, as was done in the matter of Samriddhi Yogesh Savale (supra), according to us rightly so, the observation and conclusion of the committee in treating 'Dhor Koli' entries of the pre-constitutional period as contrary to the petitioner's claim of 'Tokre Koli' would not be a correct appreciation of the facts and circumstances. A man would indulge in such manipulation if he would want to derive some advantage, which otherwise would not have been available to him. Even if the petitioner's ancestors were subsequently described in the post-constitutional period as 'Tokre Koli', they could have been alleged to have done so consciously had it been a fact that only 'Tokre Koli' was notified as a scheduled tribe and not 'Koli Dhor'. If they were to derive the benefit of constitutional notification enlisting the tribes, they would have happily continued to describe them as 'Koli Dhor' for deriving the benefit of reservation. It is in such peculiar state of affairs that according to us, the decisions of the Supreme Court in the matter of Milind and Mana Adim Jamat Mandal (supra) would not be applicable to the fact situation of the matter.
26. The next judgment relied on is 2025(2) Mh.L.J. 536, Gauri
d/o Mohan Nadge Vs. Scheduled Tribe Caste Certificate Scrutiny
Committee, Amravati and another wherein the Division Bench after
holding that the Tribes 'Halba and Halbi' are different Scheduled
Tribes, went on to direct the Scrutiny Committee to issue a validity
certificate in favour of the petitioner as belonging to 'Halbi'
Scheduled Tribe.
27. We have appreciated all these judgments. As can be seen
from the order of the Scrutiny Committee which is impugned in the
present petition, the oldest entry is a school leaving certificate of
Rajaram Sadashiv who happens to be the grand father of the
petitioner and is dated 14.10.1910. Furthermore, admittedly, the
cousins of the petitioner have been granted validity certificate in the
name of 'Halbi'.
28. Judgments referred to supra and and more particularly the
judgment of Gauri d/o Mohan Nadge Vs. Scheduled Tribe Caste
Certificate Scrutiny Committee, Amravati and another (supra) , co-
ordinate Bench of this Court after finding that the petitioner herein
doesn't belong to 'Halba' but belongs to 'Halbi' on the basis of
documents referred to by the Scrutiny Committee, went on to direct
the Committee to issue the validity certificate of 'Halbi' Scheduled
Tribe. Even in the present case, the oldest document as mentioned
supra is of 1910 and thereafter, the birth certificate of the same
person i.e. Rajaram Sadashiv who happens to be the grand father of
the petitioner is also depicting the caste 'Halbi'. Even the extract of
birth's and death's of the said person which is dated 18.10.1933 is
showing the caste 'Halbi'. The reasons for discarding these
documents having more probative value is that they do not depict
the caste 'Halba' as claimed by the petitioner. It is worthwhile to
mention that even the Vigilance Cell has found documents the
oldest being of 06.01.1920 of one Sadashiv Fakirji who happens to
be the great grand father of the petitioner and is dated 06.01.1920
depicting the caste 'Halbi'.
29. If these oldest documents having more probative value are
perused they being of pre-constitutional era and before the
notification of the Hon'ble President, it can safely be inferred that
even though the petitioner has failed to prove is caste 'Halba', there
was ample material on record to show that he belongs to caste
'Halbi'. As stated above and in the light of these judgments referred
to supra, since the entries 'Halba' and 'Halbi' found a place in the
same column, therefore, admittedly the person like petitioner would
not derive any additional advantage or benefit by being described as
'Halba' instead of 'Halbi' as they are on the same pedestal. Thus, by
taking into consideration all these aspect we are of the following
opinion that the petitioner has proved his caste to be 'Halbi' and not
'Halba'. We therefore, pass the following order :-
ORDER
i) Writ Petition is allowed.
ii) The impugned order dated 21.04.2017 at Annexure-P-33 to
the petition passed by the respondent No. 1, the Scheduled Tribe
Caste Certificates Scrutiny Committee, Amravati is hereby quashed
and set aside.
iii) It is hereby declared that the petitioner belongs to 'Halbi'
Scheduled Tribe category and the Scrutiny committee i.e.
respondent no. 1 is directed to issue a validity certificate of 'Halbi' in
favour of the petitioner within four weeks from the date of this
order.
(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.)
Shubham
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