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Roshniben Anilbhai Gavit vs State Of Gujarat
2025 Latest Caselaw 2384 Guj

Citation : 2025 Latest Caselaw 2384 Guj
Judgement Date : 8 August, 2025

Gujarat High Court

Roshniben Anilbhai Gavit vs State Of Gujarat on 8 August, 2025

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                            C/SCA/5994/2017                                 JUDGMENT DATED: 08/08/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                                       R/SPECIAL CIVIL APPLICATION NO. 5994 of 2017
                                                           With
                                       R/SPECIAL CIVIL APPLICATION NO. 6092 of 2017
                                                           With
                                       R/SPECIAL CIVIL APPLICATION NO. 6422 of 2017


                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MR. JUSTICE SANDEEP N. BHATT
                       ==========================================================

                                    Approved for Reporting                 Yes           No


                       ==========================================================
                                               ROSHNIBEN ANILBHAI GAVIT & ANR.
                                                           Versus
                                                  STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:

                       MR NIRAV R MISHRA(6140) for the Petitioners

                       MR PARTH PATEL, AGP for the Respondent No. 1 - State

                       MR DG SHUKLA(1998) for the Respondent No. 2 - Gujarat Panchayat
                       Service Selection Board
                       ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                                       Date : 08/08/2025

                                                      ORAL JUDGMENT

1. Since the issue involved in these petitions filed

under Article 226 of the Constitution of India, is identical,

the legal submissions and the averments raised are similar,

with consent of the learned advocates, all these matters are

heard together by this Court.

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2. The present petitions, under Article 226 of the

Constitution of India, are filed by the petitioners inter alia

mainly praying that the degree of B.S.C. in Medical

Technology be treated at par and equivalent to B.S.C. in

Chemistry / Microbiology / Bio-chemistry and the said degree

be considered as equivalent to Diploma in Laboratory

Technician or Medical Laboratory Technician or Medical

Laboratory Technology and thereby select the petitioners and

issue the appointment orders accordingly.

3. Heard learned advocates.

4. Learned advocate Mr.Nirav R. Mishra for the

petitioners has submitted that the petitioners are possessing

the degree of B.S.C. in Medical Technology; and that they have applied for the post of Laboratory Technician (Class-III)

pursuant to the advertisement in question; and that after the

name of the petitioners appeared in the merit list, they were

called upon for verification of the documents; and that they

were orally informed by the respondent authorities that since

the petitioners do not possess B.SS.C. in Chemistry or

Microbiology or Biochemistry, they cannot be considered or

eligible for appointment to the post in question; and that the

petitioners clearly fulfills the second criteria for being

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appointed to the post in question by holding a degree which

is equivalent and higher to the diploma course; and that the

respondent authorities have been changing their criteria and

stand in considering the candidates to be appointed to the

post in question; and that the advertisement was issued for

total 526 posts and out of which, only 501 names have been

included in the select list; and that earlier, this Court has,

in case of another candidate, in Special Civil Application

No.7078 of 2016, in similar facts, has directed to constitute a

Committee of Experts who had opinied that B.S.C. in Medical

Laboratory Technician is higher course and can be considered

valid for Diploma in Laboratory Technician Course. He has

submitted that these petitions may be allowed.

5.1 Per contra, learned advocate Mr.D.G. Shukla for contesting respondent No.2 - Gujarat Panchayat Service Selection Board ('the Board' for short) has vehemently

opposed these petitions. He has drawn the attention of this

Court towards the affidavit in reply filed by respondent No.2

and has submitted that the process for the post in question

has already been completed in the year 2017; and that the

petitioners have not joined the candidates who have been

selected and recommended for appointment by the authorities,

therefore, these petitions are barred by non-joinder of

necessary parties; and that the petitioners suppressed the

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material information and misleading the respondent

authorities while filling up their online applications for the

post in question; and that while making the online

applications, the petitioners have mentioned their educational

qualification as Bachelor's degree in Microbiology and Diploma

in Medical Laboratory Technology, whereas the actual

educational qualification of the petitioners is Bachelor of

Science with Medical Technology only; and that the

petitioners had thereby given wrong information in their

online applications, therefore on this ground alone, these

petitions may be dismissed. He has further submitted that

the candidates who have applied online were called for

written test by provisionally permitted them to appear in the

written test by the respondent authorities and in turn, the

Board had declared the provisional merit list; and that whoever had cleared the return test were included in the

provisional merit list by the respondent authorities; and that

they were called for verification of certificates and other

details personally; and that the recruitment for the post in

question is governed by the Laboratory Technician, Class-III,

Recruitment Rules, 2013 and Laboratory Technician, Class-III,

Recruitment (Amendment) Rules, 2016; and that the basic

educational qualification required is Bachelor's degree in

Chemistry or Microbiology or Biochemistry as per the said

recruitment rules, whereas the petitioners are possessing

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Bachelor degree in Medical Technology only and therefore,

they are not eligible for the said post in question.

5.2 In support of his submissions, he has relied upon

the decision of this Court in the case of : (i) Gujarat Public

Service Commission versus Dr.D.S. Maru reported in (2012) 3

GLR 1925 (ii) Special Civil Application No.11647 of 2015 and

allied matters and (iii) Special Civil Application No.11668 or

2015.

5.3 He has further submitted that on the proceedings

of Special Civil Application No.7078 of 2016, which is relied

upon by learned advocate for the petitioners, where the very

learned advocate was appeared, who is appearing on behalf of

the petitioners in these petitions and he did not press this

application at the relevant point of time in view of the report submitted by the Expert Committee; and that in the

said petition, the very advertisement is challenged by another

candidate by raising the very issue. He has submitted that

these petitions may be dismissed.

6. Learned AGP Mr.Parth Patel for the State has

submitted that there is no role of the State in the process of

selecting candidates finally. He has submitted that the entire

process for selection of the candidates is to be done by

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respondent No.2 - Board only. He has submitted that the

Board has acted as per the advertisement and the selection

is made on the basis of the eligible candidates who fulfill the

criteria fixed by the Board by way of advertisement. The

entire process has been done as per the rules. He has

submitted that these petitions may be dismissed.

7. In rejoinder, learned advocate or the petitioners

has submitted that the eligibility criteria laid down by the

respondent authorities for qualification to the post of

Laboratory Technician is not found on the grounds of

intelligible differentia; and that the degrees produced by the

petitioners and the degrees which are asked for by the

respondent authorities in the impuned advertisement are

similar in terms of the subjects; and that the only difference is of the nomenclature of the degree and the courses offered

under it. He has submitted that these petitions may be

allowed.

8. I have considered the rival submissions made by

the learned advocates for the respective parties. I have

perused the documents available on record, including the

affidavit in reply and rejoinder filed by the respective parties.

8.1 Respondent No.2 - Gujarat Panchayat Service

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Selection Board issued public advertisement No.11/2016-17 for

the post of Laboratory Technician in various District

Panchayats.

8.2 The said recruitment for the post in question is

governed by the Laboratory Technician, Class-III, Recruitment

Rules, 2013 and Laboratory Technician, Class-III, Recruitment

(Amendment) Rules, 2016.

8.3 The educational qualification required by the

authorities is mentioned in the said advertisement, which is

as under, qua the issue is concerned.

"A candidate shall,

(i) Possess a bachelor's degree in Chemistry or Microbiology or Bio-Chemistry obtained from any of the Universities established or incorporated by or under the central or a State act in India, or any other educational institution recognized as such or declared to be deemed as a University under section 3 of the University Grants Commission Act, 1956;

(ii) Have passed the Diploma in Laboratory Technician or Medical Laboratory

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Technician or Medical Laboratory Technology or P.G. Diploma in Medical Laboratory Technology or one year Medical Laboratory Technician Training Course or Laboratory Technician Training Course obtained from any of the Government Recognized institutes or Universities established or incorporated by or under the Central or a State Act in India or any other educational institutions recognized as such or declared to be deemed as a University under section 3 of the University Grants Commission Act, 1956;"

8.4 The petitioners had submitted their online

applications and thereby submitting that they are possessing

Bachelor's degree in Microbiology is basic educational

qualification and Diploma in Medical Laboratory Technology is further educational qualification as required for the said post.

8.5 The Board had provisionally permitted all the

candidates who had submitted their online applications for

the writtne test held on 29.01.2017.

8.6 On 09.02.2017, the Board had declared the

provisional merit list and thereby 759 candidates were called

for original document verification.

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8.7 In the said provisional merit list, the Board had

stipulated that the candidate around 1.5 times of the vacant

posts are called for and inclusion of their names in the

provisional merit list should not be construed that the

candidate will be included in the final select list. Also, the

candidates were further informed that their names have been

included in the said provisional merit list on the basis of the

marks obtained by them in the written examination and the

details submitted by them in the online application, and as

and when the candidate is called for verification of

certificates and other details, the candidate should personally

remain present for verification / confirmation of the

certificates as well as other details and if the candidate fails

to get the certificates and other details verified, the

candidature will be automatically cancelled and the name of the candidate will not be included in the final select list.

8.8 In view of above, it transpires that the candidate

shall possess : (i) Bachelor's degree in Chemistry /

Microbiology / Biochemistry and (ii) a candidate shall have

passed Diploma in Laboratory Technician / Medical

Laboratory Technician / Medical Laboratory Technology / P.G.

Diploma in Medical Laboratory Technology / one year Medical

Laboratory Technician Training Course / Laboratory

Technician Training Course.

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8.9 Indisputably, the petitioners possess the

educational qualification of Bachelor of Science with Medical

Technology only.

8.10 The requirement of the advertisement, as noted

above, is more than the educational qualification possesses by

the petitioners. The petitioners themselves conceded in the

petitions that they possessed degree B.S.C. in Medical

Technology.

9.1 By way of these petitions, the petitioners are

trying to demonstrate that the degree which the petitioners

are possessing of B.S.C. in Medical Technology is at par and

equivalent to Bachelor's degree in Chemistry / Biochemistry /

Microbiology as well as at par and equivalent to Diploma in

Laboratory Technician or Medical Laboratory Technology.

9.2 Earlier, the very issue has been arisen from the

very advertisement i.e. Advertisement No.11/2016-17 by one of

the ineligible candidate before this Court by filing Special

Civil Application No.7078 of 2016, wherein the Coordinate

Bench of this Court has directed to constitute a Committee

of Experts, who may decide on this aspect, and the said

Committee comprising of three experts has submitted their

report by opining that B.S.C. in M.L.T. cannot be equated

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with B.S.C. in Chemistry or Mircrobiology or Biochemistry,

however, the Committee has further opined that however,

B.S.C. of M.L.T. is higher course and can be considered valid

for Diploma in Laboratory Technician Course.

9.3 Under the circumstances, the petitioners fulfill the

second criteria for being appointed to the post of Laboratory

Technicians, as sought for, of holding a degree which is

equivalent and higher to the diploma course and therefore,

the second criteria of educational qualification that a

candidate shall have passed Diploma in Laboratory Technician

/ Medical Laboratory Technician / Medical Laboratory

Technology / P.G. Diploma in Medical Laboratory Technology /

one year Medical Laboratory Technician Training Course /

Laboratory Technician Training Course, is fulfilled by the

petitioners, however, indisputably, the first criteria of basic educational qualification as required as per the advertisement

impugned that a candidate shall possess Bachelor's degree in

Chemistry or Microbiology or Biochemistry is not fulfilled by

the petitioners.

9.4 The Board has permitted all the candidates, who

have filled up online applications, for the post in question

provisionally for written test.

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9.5 The Board had prepared a Provisional Merit List

of around 759 candidates from those who have cleared the

written test and the candidates around 1.5 times of the

vacant posts, who have cleared the written test, were called

for verification of certificates and other details. It has been

stipulated in the said provisional merit list that inclusion of

name in the provisional merit list should not be construed

that the candidate will be included in the final select list.

the Board has further informed to all the candidates that

their names have been included in the provisional merit list

on the basis of the marks obtained by them in the written

examination and the details submitted by them in the online

application and as and when the candidate is called for

verification of certificates and other details, the candidate

should personally remain present for verification / confirmation of the certificate as well as other details and if

the candidate fails to get the certificate, and other details

verified, the candidature will be automatically cancelled and

the name of the candidate will not be included in the final

select list.

9.6 Indisputably, the petitioners have given wrong

information in their online applications and on the basis of

the said wrong information submitted by the petitioner in

their online applications, they were permitted for written test

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provisionally. The petitioners were well aware about the

advertisement, more particularly the educational qualifications

mentioned in the advertisement. Further, the petitioners were

well aware about their actual educational qualification which

they possess at the time of filling up their names online for

the post in question. It is an undisputed fact that the

petitioners were aware that their actual educational

qualification at the relevant point of time is Bachelor of

Science with Medical Technology, whereas the educational

qualifications as required for the post in question and as

specifically mentioned in the advertisement itself and which

is wrongly given in online applications by the petitioners, is

Bachelor's degree in Microbiology, which they do not possess

and possess only Diploma in Medical Laboratory Technology.

The petitioners at that time well aware that there do not possess the basic educational qualifications as required in the

advertisement. Albeit, the petitioners have filled up there

applications online by furnishing wrong information.

10.1 Further, an unsuccessful attempt was made by

another candidate who has challenged the very advertisement

and the very post in question before this Court by filing a

petition being Special Civil Application No.7078 of 2016.

Fortunately or unfortunately, the learned advocate for the

petitioner/s was the same, who is appearing in these petitions

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on behalf of the present petitioners. In that, a report from

the Expert Committee was asked for by the Court and in

view of the Expert Committee's report, that petition was not

pressed by the petitioner/s / by the learned advocate for the

petitioner/s of that petition. Therefore, the issue involved in

these petitions has attained finality, as none of the

unsuccessful candidate had carried out the said order before

the higher forum.

10.2 At this stage, it would be fruitful to refer to the

recent decision of the Hon'ble Apex Court in the case of

Sajid Khan versus L.Rahmathullah and others reported in

AIR 2025 SC 1300, more particularly paras : 18 to 21

thereof, which read as under.

"18. In circumstances where the appointing authority has not objected to the qualifications of the appellants and there is no apparent or glaring difference in the qualifications, we see no reason for courts to interfere and set-aside the appointments made after due consideration. It is the appointing authority which has to take the decision on whether the candidate possesses what is required by the post in cases of disputed equivalence. This Court has stated the same in categorical terms in its decision Anand Yadav v. State of U.P., (2021) 12 SCC 390. :

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32. We may also notice another important aspect i.e. the employer ultimately being the best judge of who should be appointed. The choice was of Respondent 2 who sought the assistance of an expert committee in view of the representation of some of the appellants. The eminence of the expert committee is apparent from its composition. That committee, after examination, opined in favour of the stand taken by the appellants, and Respondent 2 as employer decided to concur with the same and accepted the committee's opinion. It is really not for the appellants or the contesting respondent to contend how and in what manner a degree should be obtained, which would make them eligible for appointment by Respondent 2. (emphasis supplied)

19. The recruiting authority has scrutinised the qualifications before deciding that they satisfy what is enumerated in the advertisement. It is not the case of the respondents that the authority in the present case has not applied its mind in scrutinising the appellants diplomas. In Mukul Kumar Tyagi v. State of U.P., (2020) 4 SCC 86.

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this Court had an occasion to consider the approach to be adopted by the recruiting agency/employer while considering the issue of equivalence of qualifications and directed as under:

59. The equivalence of qualification as claimed by a candidate is matter of scrutiny by the recruiting agency/employer. It is the recruiting agency which has to be satisfied as to whether the claim of equivalence of qualification by a candidate is sustainable or not. The purpose and object of qualification is fixed by employer to suit or fulfil the objective of recruiting the best candidates for the job. It is the recruiting agency who is under obligation to scrutinise the qualifications of a candidate as to whether a candidate is eligible and entitled to participate in the selection.

                                                        More        so       when            the        advertisement
                                                        clearly         contemplates               that       certificate
                                                        concerning           the    qualification              shall    be
                                                        scrutinised,          it        was        the       duty      and

obligation of the recruiting agency to scrutinise the qualification to find out the eligibility of the candidates. The self-certification or self-declaration by a

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candidate that his computer qualification is equivalent to CCC has neither been envisaged in the advertisement nor can be said to be fulfilling the eligibility condition.

(emphasis supplied)

20. Similarly, in Maharashtra Public Service Commission v. Sandeep Shriram Warade, (2019) 6 SCC 362. it was held that :

9. The essential qualifications for appointment to a post are for the employer to decide. The employer may prescribe additional or desirable qualifications, including any grant of preference. It is the employer who is best suited to decide the requirements a candidate must possess according to the needs of the employer and the nature of work. The court cannot lay down the conditions of eligibility, much less can it delve into the issue with regard to desirable qualifications being on a par with the essential eligibility by an interpretive re-writing of the advertisement. Questions of equivalence will also fall outside the domain of judicial review. If the language of the advertisement and the rules are clear,

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the court cannot sit in judgment over the same. If there is an ambiguity in the advertisement or it is contrary to any rules or law the matter has to go back to the appointing authority after appropriate orders, to proceed in accordance with law. In no case can the court, in the garb of judicial review, sit in the chair of the appointing authority to decide what is best for the employer and interpret the conditions of the advertisement contrary to the plain language of the same.

21. Though there a number of decisions on this very principle, Mohd Shujat Ali v. Union of India, (1975) 3 SCC 76; Dr. B.L. Asawa v. State of Rajasthan, 1982 (2) SCC 55; Zahoor Ahmad Rather v. Sheikh Imtiyaz Ahmad, (2019) 2 SCC 404 . we will conclude with a recent decision of this Court in Union of India v Uzair Imran, 2023 SCC OnLine SC 1308 . emphasizing the restraint a court must exercise while determining equivalence between qualifications. The relevant portion is as under :

14. Normally, it is not the function of the court to determine equivalence of two qualifications and/or to scrutinise a

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particular certificate and say, on the basis of its appreciation thereof, that the holder thereof satisfies the eligibility criteria and, thus, is qualified for appointment. It is entirely the prerogative of the employer, after applications are received from interested candidates or names of registered candidates are sponsored by the Employment Exchanges for public employment, to decide whether any such candidate intending to participate in the selection process is eligible in terms of the statutorily prescribed rules for appointment and also as to whether he ought to be allowed to enter the zone of consideration, i.e., to participate in the selection process. It is only when evidence of a sterling quality is produced before the court which, without much argument or deep scrutiny, tilts the balance in favour of one party that the court could decide either way based on acceptance of such evidence. (emphasis supplied)"

10.3 Under the circumstances, since the petitioners do

not fulfill the basic educational qualification as prescribed in

the advertisement in question and as conceded by them in

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the petition/s itself, this Court finds that the petitioners do

not possess the requisite educational qualifications as

prescribed in the advertisement in question by the Board and

therefore, the Board has rightly rejected the candidature of

the petitioners. The petitioners are not qualified for the post

in question advertised vide Advertisement No.11/2016-17.

11.1 Even otherwise, judicial review is not permitted in

the matters of equivalence of qualification. At this stage, it

would be fruitful to refer to the decision of the Hon'ble Apex

Court in the case of Unnikrishnan CV versus Union of India

reported in (2023) 18 SCC 546, more particularly para : 7

thereof, which reads as under.

"7. In Zahoor Ahmad Rather & Ors. v. Sheikh Imtiyaz Ahmad & Ors, (2019) 2 SCC 404 it was held that the State, as an employer, is entitled to prescribe qualifications as a condition of eligibility, after taking into consideration the nature of the job, the aptitude required for efficient discharge of duties, functionality of various qualifications, course content leading up to the acquisition of various qualifications, etc. Judicial review can neither expand the ambit of the prescribed qualifications nor decide the equivalence of the prescribed qualifications with any other given qualification. Equivalence of qualification is a matter for the State, as

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recruiting authority, to determine.

(Emphasis supplied)"

11.2 It would also be fruitful to refer to the decision of

the Hon'ble Apex Court in the case of Shifana P.S. versus

The State of Kerala reported in 2024 INSC 580, more

particularly para : 14 thereof, which reads as under.

"14. This Court in the case of Zahoor Ahmad Rather and Others v. Sheikh Imtiyaz Ahmad and Others, (2019) 2 SCC 404 held that judicial review can neither expand the ambit of the prescribed qualifications nor decide the equivalence of the prescribed qualifications with any other given qualification. Therefore, the equivalence of a qualification is not a matter that can be determined in the exercise of the power of judicial review. Whether a particular qualification should or should not be regarded as equivalent is a matter for the State, as the recruiting authority, to determine. (emphasis supplied) "

11.3 The contention / prayer of the petitioners that the

degree which they were holding at the relevant point of time

of B.S.C. in Medical Technology be treated at par and

equaivalent to Diploma in Laboratory Technician or Medical

Laboratory Technology and that the other University is

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treated these courses/degrees equivalent, is concerned, the

said argument does not hold water and is misconceived in

light of the observations made by the Hon'ble Apex Court in

the case of Shifana P.S. (supra). The Hon'ble Apex Court has

observed that equivalence is a technical academic matter, it

cannot be implied or assumed. Any decision of the academic

body of the Board relating to equivalence should be by

specific order or resolution, duly published. In the present

case, the Board has specifically stated in the advertisement

itself and asked for two educational qualifications noted

above. Therefore, the fervent plea advanced by the learned

advocate for the pettioners is not tenabel.

12. For the reasons recorded above, this Court does

not find any justifiable reason so as to interefer in the

process of recruitment for the post in question. The petitions lacks merits. Therefore, these petitions are required to be

dismissed and are dismissed accordingly. Rule is discharged.

Interim relief granted by this Court vide order dated

22.03.2017 stands vacated.

13. From the record, it transpires that, the very issue

crops up as and when the advertisement for the post in

question comes and the unqualified candidates like the

petitioners to be left in lurch. Therefore, it would be expected

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from the Board as well as from the State that there would

be some clarification regarding the equivalent degrees /

courses as well as some check at the time of filing up online

application, so that there may not be any ambiguity in the

minds of the candidates and we can thereby avoid litigation,

by keeping in mind the fact that the students have invested

their valuable years in such studies aiming to get the job

anywhere on that basis.

(SANDEEP N. BHATT,J) M.H. DAVE

 
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