✦ High Court of India · 18 Mar 2025

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K v. JAYAKUMAR TUESDAY, THE

Case Details High Court of India · 18 Mar 2025
Court
High Court of India
Decided
18 Mar 2025
Bench
AMIT RAWALK V JAYAKUMAR
Length
2,460 words

ANUSHRI S NAIR AGED 20 YEARS, RC BHAVAN, ELAKOLLOOR PO, KONNI VIA, PATHANAMTHITTA,, PIN - 689691 AYSHA HAMNA AGED 21 YEARS, MELETHIL HOUSE, KULAKKATTUKURISSI PO, PULIYAKKATTUTHERUVU, PALAKKAD, PIN - 678633 AMRUTHA M NAMBOOTHIRI AGED 20 YEARS, TC55/21, CHANDRAMANA, SRIVALSAM, VISHNU NAGAR KAMANAM, TRIVANDRUM, PIN - 695018 48 49 50 51 52 53 54 55 56 WP(C) NO. 10251 OF 2025 7 57 58 59 60 61 62 63 64 65 ROOPA REJI AGED 20 YEARS, TC/465, PULLIYIL LANE, ULLOOR, MEDICAL COLLEGE PO, TRIVANDRUM, PIN - 695011 HRIDYA SANDEEP AGED 19 YEARS, PEZHATHUMKAL, TP PURAM, VAZHOOR, KOTTAYAM,, PIN - 686505 HARIKEERTHANA S AGED 22 YEARS, MAADHAVAM, MANALKKUNNU GARDENS, ANANDAVALLESWARAM ROAD, MANNANTHALA PO, TRIVANDRUM, PIN - 695015 ADWAITH S AGED 20 YEARS VRINDAVANAM SBMRA 39/A BHAJANAMADAM ROAD, PEYAD PO, TRIVANDRUM,, PIN - 695573 SIVAGANGA KV AGED 21 YEARS, SAJIPURAM HOUSE, POST-CHERUKATTOR, PANAMARAM, WAYANAD (DISTRICT),, PIN - 670721 NANDHU AS AGED 23 YEARS, KALLUMALA VEDU, PONNUMANGALAM, NEMAM, TRIVANDRUM,, PIN - 695020 NIRANJAN AGED 21 YEARS, NIKUNJAM, CHENOTH, VALLUR, PAYYANNUR, KANNUR, PIN - 670307 LAKSHMI IB AGED 20 YEARS, ITHIKKAT HOUSE, THRITHALLOOR POST, VADANA PPILLY VIA, THRISSUR DT,, PIN - 680614 NANDHANA S S AGED 20 YEARS, KANAKA SREE, VENCODU, CHERIYAKOLLA PO, TRIVANDRUM, PIN - 695504 66 PRASOBH G WP(C) NO. 10251 OF 2025 8 AGED 22 YEARS, SANKARICHANPALAYAM, NATTUKAL PO, CHITTOOR, PALAKKAD,, PIN - 678554 ATHUL B.K AGED 22 YEARS, PARAMBAN CHANDROTH HOUSE, KOOTTUMUGHAM PO, SREEKANDAPURAM, KANNUR DT,, PIN - 670631 NILA S KRISHNA AGED 21 YEARS, KALABHAM, GREEN GARDEN, MEDICAL COLLEGE PO, THRISSUR,, PIN - 680596 ANNA JUVANITA ANIL AGED 21 YEARS, MULAVANA P.O, KUNDARA, KOLLAM,, PIN - 691501 SONA. S.J AGED 21 YEARS, PARADISE, PUTHENKADA, THIRUPURAM PO, TRIVANDRUM,, PIN - 695133 PARVATHI.S AGED 23 YEARS, THAMBURU, EDAYADI, BOOTHAKULAM, KOLLAM,, PIN - 691302 ABSAL GAFOOR AGED 24 YEARS, CHITAYIL, KANDANASSERY, CHOVALLUR, THRISSUR,, PIN - 680102 GADHA K.S AGED 21 YEARS, KARIMANTHATT (H), THALAYOLAPARAMBU PO, KOTTAYAM, PIN - 686605 67 68 69 70 71 72 73 BY ADVS. P.RAMAKRISHNAN PREETHI RAMAKRISHNAN (P-212) PRATAP ABRAHAM VARGHESE MANOJKUMAR G. ASHOK MENON WP(C) NO. 10251 OF 2025 9 RESPONDENT(S): 1 2 3 4 M/S V.N. PUBLIC HEALTH AND EDUCATIONAL TRUST A2, JAWAHAR NAGAR COLONY, SALES TAX OFFICE ROAD, KOZHIKODE, REPRESENTED BY ITS MANAGING TRUSTEE, PIN - 673006 THE PRINCIPAL PALAKKAD INSTITUTE OF MEDICAL SCIENCES, WALAYAR, PALAKKAD, PIN - 678624 FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALATC 15/1553-4, PRASHANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM, REPRESENTED BY ITS MEMBER SECRETARY, PIN - 695014 GOVERNMENT OF KERALA REPRESENTED BY SECRETARY, HEALTH & FAMILY WELFARE (S) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 BY ADVS. Vinod Bhat S NAVANEETH D PAI ANAGHA LAKSHMY RAMAN(K/000767/2015) V.NAMITHA(K/1090/2011) GITANJALI SADAN PILLAI(K/004306/2024) V.SREEJITH (K/1398/2000)(K/1398/2000) SMT MARY BENJAMIN SC SR GP SRI T K VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10251 OF 2025 10 JUDGMENT AMIT RAWAL, J.

1. Petitioners, 73 in number, first year MBBS students of Palakkad Institute of Medical Sciences (hereinafter called ‘College’), run by the M/s.V.N.Public Health and Educational Trust, have approached this Court seeking following reliefs: “a) Issue a writ of certiorari or any other appropriate order quashing and setting aside Exhibits P-5 and P- 7 b) Issue a writ of mandamus or any other appropriate order directing the 3rd respondent to re-consider and re-fix the tuition fee and other fees payable by the petitioners. c) Issue a writ of mandamus or any other appropriate order directing the 3rd respondent to pass orders on Exhibit P-8 forthwith, d) issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case, and e) to dispense with filing of the translation of vernacular documents.” WP(C) NO. 10251 OF 2025 11

2. The aforementioned reliefs were based upon the brief facts enumerated herein below: All the petitioners were admitted to the courses in the merit quota during the second allotment of seats. College commenced the academic year of 2024-2025 after obtaining the letter of permission and affiliation from competent authorities for conducting MBBS course with an intake of 150 students. As per the fee details published by the College, the tuition fee for merit seat was Rs.7,71,595/- (Rupee seven lakhs seventy one thousand five hundred ninety five thousand only) and the total fee inclusive of special fee, caution deposit, hostel and mess was Rs.9,56,475/- (Rupees nine lakhs fifty six thousand four hundred seventy five only). On account of non inclusion in the list of the colleges in the Central Allotment Process, respondent No.1 – college approached this Court vide W.P.(C)No.29992 of 2024 and vide interim order dated 10.09.2024, the Commissioner for Entrance Examinations was directed to include the college in WP(C) NO. 10251 OF 2025 12 the second allotment process and allot students by following the seat matrix applicable to non-minority institutions, provisionally, with a further direction that the fee to be collected shall be the lowest among the fees fixed for colleges included in the allotment process.

3. Fees Regulatory Committee - 3rd respondent, after analysis of the claim and infrastructure, finalized the fee structure for MBBS course for the academic year 2024-2025 in self financing medical colleges. Respondent No.1 – College, in the meantime, had submitted a proposal dated 26.08.2024 before the Fee Regulatory Commission - 3rd respondent and on consideration of the matter, after giving opportunity of hearing to all the parties concerned, 3rd respondent vide order impugned dated 15.01.2025, fixed the tuition fee payable by the merit students of the college as Rs.8,98,800/- (Rupees eight lakhs ninety eight thousand eight hundred only) and consolidated fee payable as Rs.11,00,800/- (Rupees eleven lakhs eight hundred only). Thereafter, WP(C) NO. 10251 OF 2025 13 petitioners were served with letters dated 20.01.2025 demanding payment of Rs.1,44,325/- (Rupees one lakh forty four thousand three hundred twenty five only) as the difference payable on account of the increase in tuition fee, special fee and caution deposit, which has to be made on or before 10.02.2025. The grievance of the petitioners is that the maximum tuition fee for merit students fixed by the Government in respect of other colleges was far less than the amount fixed by the Fee Regulatory Committee i.e., maximum of Rs.8,86,779/- (Rupees eight lakhs eighty six thousand seven hundred seventy nine only) and being a new college, fees could not have been fixed at the rate of Rs.8,98,800/- (Rupees eight lakhs ninety eight thousand eight hundred only). But, were unaware of Ext.P7, another Government Order, whereby a fee of Rs.8,98,800/- (Rupees eight lakhs ninety eight thousand eight hundred only) was fixed for general students. Petitioners had preferred a review application before the competent authority but in the WP(C) NO. 10251 OF 2025 14 meantime, have received notices, Ext.P9. It is in that background, challenged the order of the Fee Regulatory Committee Ext.P5 and Ext.P7 Government Order, as the same were not sustainable in the eyes of law.

4. We have heard learned counsel for the parties and appraised the paper book and of the view that the order of the Fee Regulatory Committee Ext.P5 dated 15.01.2025 and the Government order Ext.P7 dated 14.02.2025, have been passed considering the available infrastructure, teaching and non-teaching staffs, other equipments, expenditure on administration, maintenance of medical institutions, cost of the land and building, nature of medical courses, location of private medical institutions etc. Though the proposal of the College was Rs.11,34,000/- (Rupees eleven lakhs thirty four thousand only), rejected the ratio of staffs by relying upon the recommendation made by Justice Shah Commission report, keeping that it would be reasonable to apportion 50% of the salary paid to the staff on the clinical side of the WP(C) NO. 10251 OF 2025 15 hospital for the purpose of calculating the tuition fee and fixed the tuition fee as Rs.8,98,800/- (Rupees eight lakhs ninety eight thousand eight hundred only), hostel fee Rs.25,000/- (Rupees twenty five thousand only) and mess charges Rs.70,000/- (Rupees seventy thousand only), which is found to be justified. The direction of the Court dated

10.09.2024 for fixing the fees at the lowest was also taken into consideration as provisional and was subject to the decision of Fee Regulatory Committee and therefore, cannot have a binding effect upon the decision of the Fee regulatory Committee. We do not find any illegality and perversity in the order under challenge. No ground for interference is made out. Writ petition stands dismissed. Sd/- AMIT RAWAL, JUDGE Sd/- K. V. JAYAKUMAR, JUDGE WP(C) NO. 10251 OF 2025 16 APPENDIX OF WP(C) 10251/2025 PETITIONER EXHIBITS Exhibit P-1 Exhibit P-2 Exhibit P-3 Exhibit P-4 Exhibit P-5 Exhibit P-6 Exhibit P-7 Exhibit P-8 Exhibit P-9 TRUE COPY OF ALLOTMENT MEMO ISSUED TO ONE OF THE STUDENTS BY THE COMMISSIONER OF ENTRANCE EXAMINATIONS DATED 27/9/2024 TRUE COPY OF FEE PARTICULARS PUBLISHED BY THE PIMS TRUE COPY OF INTERIM ORDER DATED 10/09/2024 IN WP (C) NO. 29992/2024 TRUE COPY OF GOVERNMENT ORDER GO (MS) NO 240/2024/H&FWD DATED 25/9/2024 TRUE COPY OF ORDER DATED 15/1/2025 IN FRC 50/24/MBBS/PIMS TRUE COPY OF LETTER DATED 20/1/2025 RECEIVED BY THE FATHER OF 36TH PETITIONER TRUE COPY OF GOVERNMENT ORDER NO. GO (MS) NO. 57/2025/H&FWD DATED 14/2/2025 TRUE COPY OF REVIEW APPLICATION DATED 20/2/2025 DEHORSE ANNEXURES TRUE COPY OF NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT

ANUSHRI S NAIR AGED 20 YEARS, RC BHAVAN, ELAKOLLOOR PO, KONNI VIA, PATHANAMTHITTA,, PIN - 689691 AYSHA HAMNA AGED 21 YEARS, MELETHIL HOUSE, KULAKKATTUKURISSI PO, PULIYAKKATTUTHERUVU, PALAKKAD, PIN - 678633 AMRUTHA M NAMBOOTHIRI AGED 20 YEARS, TC55/21, CHANDRAMANA, SRIVALSAM, VISHNU NAGAR KAMANAM, TRIVANDRUM, PIN - 695018 48 49 50 51 52 53 54 55 56 WP(C) NO. 10251 OF 2025 7 57 58 59 60 61 62 63 64 65 ROOPA REJI AGED 20 YEARS, TC/465, PULLIYIL LANE, ULLOOR, MEDICAL COLLEGE PO, TRIVANDRUM, PIN - 695011 HRIDYA SANDEEP AGED 19 YEARS, PEZHATHUMKAL, TP PURAM, VAZHOOR, KOTTAYAM,, PIN - 686505 HARIKEERTHANA S AGED 22 YEARS, MAADHAVAM, MANALKKUNNU GARDENS, ANANDAVALLESWARAM ROAD, MANNANTHALA PO, TRIVANDRUM, PIN - 695015 ADWAITH S AGED 20 YEARS VRINDAVANAM SBMRA 39/A BHAJANAMADAM ROAD, PEYAD PO, TRIVANDRUM,, PIN - 695573 SIVAGANGA KV AGED 21 YEARS, SAJIPURAM HOUSE, POST-CHERUKATTOR, PANAMARAM, WAYANAD (DISTRICT),, PIN - 670721 NANDHU AS AGED 23 YEARS, KALLUMALA VEDU, PONNUMANGALAM, NEMAM, TRIVANDRUM,, PIN - 695020 NIRANJAN AGED 21 YEARS, NIKUNJAM, CHENOTH, VALLUR, PAYYANNUR, KANNUR, PIN - 670307 LAKSHMI IB AGED 20 YEARS, ITHIKKAT HOUSE, THRITHALLOOR POST, VADANA PPILLY VIA, THRISSUR DT,, PIN - 680614 NANDHANA S S AGED 20 YEARS, KANAKA SREE, VENCODU, CHERIYAKOLLA PO, TRIVANDRUM, PIN - 695504 66 PRASOBH G WP(C) NO. 10251 OF 2025 8 AGED 22 YEARS, SANKARICHANPALAYAM, NATTUKAL PO, CHITTOOR, PALAKKAD,, PIN - 678554 ATHUL B.K AGED 22 YEARS, PARAMBAN CHANDROTH HOUSE, KOOTTUMUGHAM PO, SREEKANDAPURAM, KANNUR DT,, PIN - 670631 NILA S KRISHNA AGED 21 YEARS, KALABHAM, GREEN GARDEN, MEDICAL COLLEGE PO, THRISSUR,, PIN - 680596 ANNA JUVANITA ANIL AGED 21 YEARS, MULAVANA P.O, KUNDARA, KOLLAM,, PIN - 691501 SONA. S.J AGED 21 YEARS, PARADISE, PUTHENKADA, THIRUPURAM PO, TRIVANDRUM,, PIN - 695133 PARVATHI.S AGED 23 YEARS, THAMBURU, EDAYADI, BOOTHAKULAM, KOLLAM,, PIN - 691302 ABSAL GAFOOR AGED 24 YEARS, CHITAYIL, KANDANASSERY, CHOVALLUR, THRISSUR,, PIN - 680102 GADHA K.S AGED 21 YEARS, KARIMANTHATT (H), THALAYOLAPARAMBU PO, KOTTAYAM, PIN - 686605 67 68 69 70 71 72 73 BY ADVS. P.RAMAKRISHNAN PREETHI RAMAKRISHNAN (P-212) PRATAP ABRAHAM VARGHESE MANOJKUMAR G. ASHOK MENON WP(C) NO. 10251 OF 2025 9 RESPONDENT(S): 1 2 3 4 M/S V.N. PUBLIC HEALTH AND EDUCATIONAL TRUST A2, JAWAHAR NAGAR COLONY, SALES TAX OFFICE ROAD, KOZHIKODE, REPRESENTED BY ITS MANAGING TRUSTEE, PIN - 673006 THE PRINCIPAL PALAKKAD INSTITUTE OF MEDICAL SCIENCES, WALAYAR, PALAKKAD, PIN - 678624 FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALATC 15/1553-4, PRASHANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM, REPRESENTED BY ITS MEMBER SECRETARY, PIN - 695014 GOVERNMENT OF KERALA REPRESENTED BY SECRETARY, HEALTH & FAMILY WELFARE (S) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 BY ADVS. Vinod Bhat S NAVANEETH D PAI ANAGHA LAKSHMY RAMAN(K/000767/2015) V.NAMITHA(K/1090/2011) GITANJALI SADAN PILLAI(K/004306/2024) V.SREEJITH (K/1398/2000)(K/1398/2000) SMT MARY BENJAMIN SC SR GP SRI T K VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10251 OF 2025 10 JUDGMENT AMIT RAWAL, J.

1. Petitioners, 73 in number, first year MBBS students of Palakkad Institute of Medical Sciences (hereinafter called ‘College’), run by the M/s.V.N.Public Health and Educational Trust, have approached this Court seeking following reliefs: “a) Issue a writ of certiorari or any other appropriate order quashing and setting aside Exhibits P-5 and P- 7 b) Issue a writ of mandamus or any other appropriate order directing the 3rd respondent to re-consider and re-fix the tuition fee and other fees payable by the petitioners. c) Issue a writ of mandamus or any other appropriate order directing the 3rd respondent to pass orders on Exhibit P-8 forthwith, d) issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case, and e) to dispense with filing of the translation of vernacular documents.” WP(C) NO. 10251 OF 2025 11

2. The aforementioned reliefs were based upon the brief facts enumerated herein below: All the petitioners were admitted to the courses in the merit quota during the second allotment of seats. College commenced the academic year of 2024-2025 after obtaining the letter of permission and affiliation from competent authorities for conducting MBBS course with an intake of 150 students. As per the fee details published by the College, the tuition fee for merit seat was Rs.7,71,595/- (Rupee seven lakhs seventy one thousand five hundred ninety five thousand only) and the total fee inclusive of special fee, caution deposit, hostel and mess was Rs.9,56,475/- (Rupees nine lakhs fifty six thousand four hundred seventy five only). On account of non inclusion in the list of the colleges in the Central Allotment Process, respondent No.1 – college approached this Court vide W.P.(C)No.29992 of 2024 and vide interim order dated 10.09.2024, the Commissioner for Entrance Examinations was directed to include the college in WP(C) NO. 10251 OF 2025 12 the second allotment process and allot students by following the seat matrix applicable to non-minority institutions, provisionally, with a further direction that the fee to be collected shall be the lowest among the fees fixed for colleges included in the allotment process.

3. Fees Regulatory Committee - 3rd respondent, after analysis of the claim and infrastructure, finalized the fee structure for MBBS course for the academic year 2024-2025 in self financing medical colleges. Respondent No.1 – College, in the meantime, had submitted a proposal dated 26.08.2024 before the Fee Regulatory Commission - 3rd respondent and on consideration of the matter, after giving opportunity of hearing to all the parties concerned, 3rd respondent vide order impugned dated 15.01.2025, fixed the tuition fee payable by the merit students of the college as Rs.8,98,800/- (Rupees eight lakhs ninety eight thousand eight hundred only) and consolidated fee payable as Rs.11,00,800/- (Rupees eleven lakhs eight hundred only). Thereafter, WP(C) NO. 10251 OF 2025 13 petitioners were served with letters dated 20.01.2025 demanding payment of Rs.1,44,325/- (Rupees one lakh forty four thousand three hundred twenty five only) as the difference payable on account of the increase in tuition fee, special fee and caution deposit, which has to be made on or before 10.02.2025. The grievance of the petitioners is that the maximum tuition fee for merit students fixed by the Government in respect of other colleges was far less than the amount fixed by the Fee Regulatory Committee i.e., maximum of Rs.8,86,779/- (Rupees eight lakhs eighty six thousand seven hundred seventy nine only) and being a new college, fees could not have been fixed at the rate of Rs.8,98,800/- (Rupees eight lakhs ninety eight thousand eight hundred only). But, were unaware of Ext.P7, another Government Order, whereby a fee of Rs.8,98,800/- (Rupees eight lakhs ninety eight thousand eight hundred only) was fixed for general students. Petitioners had preferred a review application before the competent authority but in the WP(C) NO. 10251 OF 2025 14 meantime, have received notices, Ext.P9. It is in that background, challenged the order of the Fee Regulatory Committee Ext.P5 and Ext.P7 Government Order, as the same were not sustainable in the eyes of law.

4. We have heard learned counsel for the parties and appraised the paper book and of the view that the order of the Fee Regulatory Committee Ext.P5 dated 15.01.2025 and the Government order Ext.P7 dated 14.02.2025, have been passed considering the available infrastructure, teaching and non-teaching staffs, other equipments, expenditure on administration, maintenance of medical institutions, cost of the land and building, nature of medical courses, location of private medical institutions etc. Though the proposal of the College was Rs.11,34,000/- (Rupees eleven lakhs thirty four thousand only), rejected the ratio of staffs by relying upon the recommendation made by Justice Shah Commission report, keeping that it would be reasonable to apportion 50% of the salary paid to the staff on the clinical side of the WP(C) NO. 10251 OF 2025 15 hospital for the purpose of calculating the tuition fee and fixed the tuition fee as Rs.8,98,800/- (Rupees eight lakhs ninety eight thousand eight hundred only), hostel fee Rs.25,000/- (Rupees twenty five thousand only) and mess charges Rs.70,000/- (Rupees seventy thousand only), which is found to be justified. The direction of the Court dated

10.09.2024 for fixing the fees at the lowest was also taken into consideration as provisional and was subject to the decision of Fee Regulatory Committee and therefore, cannot have a binding effect upon the decision of the Fee regulatory Committee. We do not find any illegality and perversity in the order under challenge. No ground for interference is made out. Writ petition stands dismissed. Sd/- AMIT RAWAL, JUDGE Sd/- K. V. JAYAKUMAR, JUDGE WP(C) NO. 10251 OF 2025 16 APPENDIX OF WP(C) 10251/2025 PETITIONER EXHIBITS Exhibit P-1 Exhibit P-2 Exhibit P-3 Exhibit P-4 Exhibit P-5 Exhibit P-6 Exhibit P-7 Exhibit P-8 Exhibit P-9 TRUE COPY OF ALLOTMENT MEMO ISSUED TO ONE OF THE STUDENTS BY THE COMMISSIONER OF ENTRANCE EXAMINATIONS DATED 27/9/2024 TRUE COPY OF FEE PARTICULARS PUBLISHED BY THE PIMS TRUE COPY OF INTERIM ORDER DATED 10/09/2024 IN WP (C) NO. 29992/2024 TRUE COPY OF GOVERNMENT ORDER GO (MS) NO 240/2024/H&FWD DATED 25/9/2024 TRUE COPY OF ORDER DATED 15/1/2025 IN FRC 50/24/MBBS/PIMS TRUE COPY OF LETTER DATED 20/1/2025 RECEIVED BY THE FATHER OF 36TH PETITIONER TRUE COPY OF GOVERNMENT ORDER NO. GO (MS) NO. 57/2025/H&FWD DATED 14/2/2025 TRUE COPY OF REVIEW APPLICATION DATED 20/2/2025 DEHORSE ANNEXURES TRUE COPY OF NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT

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