Kum Ashwika Pankaj Bagayatkar Vs Union of India

KUM. ASHWIKA PANKAJ BAGAYATKAR AGED ABOUT 17 YEARS DAUGHTER OF SRI. PANKAJ RATNAKAR BAGAYATKAR SINCE MINOR, REPRESENTED THROUGH NATURAL GUARDIAN RESIDING AT: 21163 PRESTIGE SHANTINIKETAN ITPL MAIN ROAD, WHITEFIELD BENGALURU-560 048

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Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

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SRI. ARYAN BHARADWAJ AGED ABOUT 18 YEARS S/O SRI. MADHUSUDHAN NARAYANA MURTHY RESIDING AT: A-302, STERLING TERRACES 100 FEET RING ROAD BANASHANKARI 3^RD STAGE BENGALURU-560 085

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SRI. ADVIK SAHA AGED ABOUT 18 YEARS S/O SRI. ATANU SAHA RESIDING AT: FLAT A4-044 DLF WESTEND HEIGHTS APARTMENT DLF NEWTOWN, AKSHAYANAGAR

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BENGALURU-560 068

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KUM. SHREYA SAJIT AGED ABOUT 17 YEARS DAUGHTER OF SRI. SAJIT VIJAYAKUMAR SINCE MINOR, REPRESENTED THROUGH NATURAL GUARDIAN RESIDING AT: # 609, 3^RD D CROSS 6^TH MAIN, 2^ND BLOCK HRBR LAYOUT, KALYAN NAGAR P.O. BENGALURU-560 043

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KUM. SHAKTHI SURESH MOLLYN AGED ABOUD 17 YEARS DAUGHTER OF SRI. SURESH KRISHNAN MOLLYN SINCE MINOR, REPRESENTED THROUGH NATURAL GUARDIAN RESIDING AT: 807/1, FIRST STREET FERNS PARADISE, DODDANEKKUNDI OUTER RING ROAD, BENGALURU-560 037

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KUM. AANYA NARAYAN SARAF AGE ABOUT 18 YEARS DAUGHTER OF SRI. NARAYANKUMAR SARAF RESIDING AT: NE 301 SRIRAM SPANDHANA CHALLAGHATTA, BENGALURU-560 037

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KUM. PALAK GUPTA AGE ABOUT 18 YEARS DAUGHTER OF SRI. PRADEEP KUMAR GUPTA RESIDING AT: B301, AKME BALLET DODDANEKUNDI, OUTER RING ROAD BENGALURU-560 037

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SRI. ADVAIT SAJITH AGED ABOUT 18 YEARS SON OF SRI. SAJITH NARAYANAN RESIDING AT: 1643, 17A MAIN 1^ST STAGE, 5^TH BLOCK, HBR LAYOUT BENGALURU-560 043

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KUM. SHLOKA TERALA AGED ABOUT 17 YEARS DAUGHTER OF SRI. PRASAD TERALA SINCE MINOR, REPRESENTED THROUGH NATURAL GUARDIAN RESIDING AT: V177, BELLEZEA NARAYANAGHATTA, BENGALURU-560 099

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KUM. SHREYA TEJASVI ANGEERASA AGED ABOUT 17 YEARS DAUGHTER OF SRI. TEJASVI ANGEERASA SINCE MINOR, REPRESENTED THROUGH NATURAL GUARDIAN RESIDING AT: C-403, DNR ATMOSPHERE VARTHUR MAIN ROAD, RAMAGONDANAHALLI BENGALURU-560 066

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MASTER ANAND S BADADAL AGED ABOUT 17 YEARS S/O SRI. SHARANABASAPPA BADADAL SINCE MINOR, REPRESENTED THROUGH NATURAL GUARDIAN RESIDING AT: B502, TOWER 2 ADARSH PALM RETREAT, BELLANDUR BENGALURU-560 103

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KUM. RUHEE CHAWLA AGED ABOUT 17 YEARS DAUGHTER OF SRI. VIVEK CHAWLA SINCE MINOR, REPRESENTED THROUGH NATURAL GUARDIAN RESIDING AT: IC 802 AKME ENCORE APARTMENTS KUNDALAHALLI MAIN ROAD BENGALURU-560 037

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KUM. ANUSHKA KIRAN DIVEKAR AGED ABOUT 18 YEARS DAUGHTER OF SRI. KIRAN MOHAN DIVEKAR RESIDING AT: 106A, AMARJYOTI APARTMENTS 85, KANAKAPURA ROAD, JAYANAGAR 6^TH BLOCK BENGALURU-560 082

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SRI. PRATHAMESH YOGESH SAWDADKAR AGED ABOUT 18 YEARS S/O SRI. YOGESH MURARI SAWDADKAR RESIDING AT: 113, PRESTIGE WOODSIDE OFF DODDABALLAPUR ROAD NEAR CRPF CAMPUS, AVALAHALLI BENGALURU-560 064

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KUM. ADITI BASAVARAJ NARTHI AGED ABOUT 17 YEARS DAUGHTER OF BASAVARAJ NARTHI SINCE MINOR, REPRESENTED THROUGH NATURAL GUARDIAN RESIDING AT: 38, FOREST COLONY 2^ND PHASE, BEHIND SHAKTI COLONY HUBLI-580 032

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MASTER YOGESH KRISHNA AGED ABOUT 17 YEARS S/O HARIPRASAD SERUGUDI VENKATASUBRAMANIAN SINCE MINOR, REPRESENTED THROUGH NATURAL GUARDIAN RESIDING AT: C601, GOPALAN ATLANTIS ECC ROAD, WHITEFIELD BENGALURU-560 066

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MASTER. TANAY PRADEEP AGED ABOUT 17 YEARS S/O PRADEEPA KALASAPUR SHIVASWAMY SINCE MINOR, REPRESENTED THROUGH NATURAL GUARDIAN RESIDING AT: No.226, 8^TH MAIN HAPPY VALLEY LAYOUT SUBRAMANYAPURA PO BENGALURU-560 061

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SRI. ARYAN GUPTA AGED ABOUT 18 YEARS S/O ANIL KUMAR GUPTA RESIDING AT: FLAT No. B 201

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AKME BALLET, DODDANEKUNDI OUTER RING ROAD, MARATHAHALLI BENGALURU-560 037

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KUM. AKRUTI PATRO AGED ABOUT 17 YEARS DAUGHTER OF SRI. CHINARI CHITTARANJAN PATRO SINCE MINOR, REPRESENTED THROUGH NATURAL GUARDIAN RESIDING AT: No.3121 PRESTIGE SUNNYSIDE OAK BACK OF CISCO SYSTEMS (1) PVT. LTD. BHOGANAHALLI, BELLANDUR PO BENGALURU SOUTH BENGALURU-560 103

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…PETITIONERS

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(BY SRI. YATHISH S., ADVOCATE)

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AND:

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UNION OF INDIA THROUGH MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA REPRESENTED THROUGH ITS SECRETORY NORTH BLOCK, NEW DELHI-110 001

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STATE OF KARNATAKA THROUGH PRINCIPAL SECRETORY TO THE GOVERNMENT HIGHER EDUCATION DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001

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KARNATAKA EXAMINATIONS AUTHORITY REPRESENTED BY ITS EXECUTIVE DIRECTOR SAMPIGE ROAD, 18^TH CROSS MALLESHWARAM, BENGALURU-560 012

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…RESPONDENTS

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(BY SRI. H. SHANTHIBHUSHAN, DSGI FOR R1; SRI. M.N. SUDEV HEGDE, AGA FOR R2; SRI. N.K. RAMESH, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A). ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE STATE OF KARNATAKA (RESPONDENT No.2) AND KARNATAKA EXAMINATIONS AUTHORITY (RESPONDENT No.3) TO PERMIT THE PETITIONERS TO COMPLETE IN THE KCET2025 EXAMINATION FOR ENGINEERING AND MEDICAL FURTHER PARTICIPATE IN THE COUNSELLING AND SELECTION PROCEDURE AND ALLOTMENT OF SEATS IN ADMISSION TO ENGINEERING, MEDICAL, ARCHITECTURE, YOGA AND NATUROPATHY, VETERINARY, FARM SCIENCE, B.PHARMA AND OTHER PROFESSIONAL COURSES IN ANY GOVERNMENT/ AIDED/ UNAIDED/ PRIVATE IN THE STATE OF KARNATAKA FOR THE ACADEMIC YEAR 2025-2026 PURELY ON THE MERIT AND RANKING IN GENERAL CATEGORY IN THE IMMINENT KCET2025 EXAMINATION AND ETC.

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IN WP NO. 2868/2025: BETWEEN:

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KUM. RAMYA VISHNUBHATLA AGED ABOUT 17 YEARS DAUGHTER OF SRI. KIRANKUMAR VISHNUBHATLA SINCE MINOR, REPRESENTED THROUGH NATURAL GUARDIAN RESIDING AT: 132, RELIABLE LIFESTYLE LAYOUT OPP. AMRITA ENGINEERING COLLEGE HARALURU, BENGALURU-560 102

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...PETITIONER

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(BY SRI. YATHISH S., ADVOCATE)

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AND:

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UNION OF INDIA

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THROUGH MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA REPRESENTED THROUGH ITS SECRETORY NORTH BLOCK, NEW DELHI-110 001

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STATE OF KARNATAKA THROUGH PRINCIPAL SECRETORY TO THE GOVERNMENT

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HIGHER EDUCATION DEPARTMENT VIDHANA SOUDHA, BENGALURU-560 001

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KARNATAKA EXAMINATIONS AUTHORITY REPRESENTED BY ITS EXECUTIVE DIRECTOR SAMPIGE ROAD, 18^TH CROSS MALLESHWARAM, BENGALURU-560 012

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...RESPONDENTS

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(BY SRI. H. SHANTHIBHUSHAN, DSGI FOR R1; SRI. M.N. SUDEV HEGDE, AGA FOR R2; SRI. N.K. RAMESH, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE STATE OF KARNATAKA (RESPONDENT No.2) AND KARNATAKA EXAMINATIONS AUTHORITY (RESPONDENT No.3) TO PERMIT THE PETITIONER TO COMPETE IN THE KCET-2025 EXAMINATION AND FURTHER PARTICIPATE IN THE COUNSELLING AND SELECTION PROCEDURE, AND ALLOTMENT OF SEATS IN ADMISSION TO ENGINEERING, MEDICAL ARCHITECTURE, YOGA AND NATUROPATHY, VETERINARY, FARM SCIENCE, B.PHARMA AND OTHER PROFESSIONAL COURSES IN ANY GOVERNMENT/ AIDED/ UNAIDED/ PRIVATE IN THE STATE OF KARNATAKA FOR THE ACADEMIC YEAR 2025-26 PURELY ON THE MERIT AND RANKING IN GENERAL CATEGORY IN THE IMMINENT KCET-2025 EXAMINATION AND ETC.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

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The petitioners, who are the aspirants for

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participation in KCET examinations, are before this Court seeking the following directions:

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a. Issue a writ in the nature of Mandamus directing the State of Karnataka (Respondent No.2 and Karnataka Examinations Authority (Respondent No.3) to permit the Petitioners to compete in the KCET-2025 examination for engineering and medical further participate in the counseling and selection procedure and allotment of seats in admission to engineering, medical, architecture, yoga and Naturopathy, Veterinay, farm science, B.Pharma and other professional courses in any Government/Aided/Unaided/Private in the state of Karnataka for the academic year 2025-2026 purely on the merit and ranking in general category in the imminent KCET-2025 examination.

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b. Issue direction to the Respondent No.1 and 2 Union of India and Karnataka State government and the Respondent No.3 Karnataka Examination Authority shall take all steps as are necessary to refund the additional amount if collected during the application procedure when compared to

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general merit (citizen) and furtherfacilitate and effectuate the aforesaid directions, forthwith and without any delay in the matter, keeping in view the fast approaching KCET2025-26.

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c. Order or Direction, permitting the Petitioners to participate in the online counseling process, seat selection and allotment of seats for the year 2025-26 for admission to engineering, medical, architecture, yoga and naturopathy, veterinary, farm science, B.Pharma, and other professional courses as per the Information Bulletin for Application Cum Verification Module for Both Government and Private seats. Annexure-A.

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It is submitted by the learned counsel appearing for the writ petitioners that the petitioners are persons holding foreign passports along with OCI cards. It is submitted that the provisions in the prospectus issued by respondent No.3 - KEA states that no candidate shall be eligible for admission to Government Seats unless he is a Citizen of India and satisfies any one of the following conditions. It is further provided that eligibility for OCI / PIO candidates for Government seats shall be as per the directions of the Government. Further, it is submitted that clause 8 of the prospectus provides that no candidates

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shall be eligible for admission to Government Seats unless he is a citizen of India. It is further submitted that a notification had been issued by the Central Government on 04.03.2021 providing that rights available to Indian citizens would not be extended to OCI card holders. However, it is contended by the learned counsel for the petitioners that the question with regard to eligibility of OCI card holders to participate in the selection as citizens is concluded by the judgment of the Hon'ble Supreme Court in Anushka Rengunthwar and Others vs. Union

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of India and Others reported in (2023) 11 SCC 209 . It was clearly held by the Apex Court that the OCI card holders would be entitled to rights and privileges which had been conferred on them earlier to the notification dated 04.03.2021 and that could be availed by them notwithstanding the notification.

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It is contended that in an earlier round of writ

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petition before this Court also the eligibility of OCI card holders for admission to Government seats had been

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considered and it had been held that OCI card holders are even eligible for admission to Government seats under the quota set apart in terms of Article 371J of the Constitution of India. It is submitted that in the instant case the petitioners are seeking only permission to participate in the selection to Government seats under the general quota.

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Having considered the contentions advanced, we notice that the judgment of the Apex Court which is relied on by the learned counsel for the petitioners i.e., in Anushka Rengunthwar's case (supra), covers the legal issue raised here. Para No.65 and 67 of the said judgment reads as under:

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"65 . In the above circumstance, keeping in view, the object with which the 1955 Act was amended so as to provide the benefit to Overseas Citizen of India and in that context when rights were given to the OCI cardholders through the notifications issued from time to time, based on which the OCI cardholders had adopted to the same and had done things so as to position themselves for the future, the right which had accrued in such process could not have been taken away in the present manner, which would act as

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a "retroactive" notification. Therefore, though the notification ex facie does not specify retrospective operation, since it retroactively destroys the rights which were available, it is to be ensured that such of those beneficiaries of the right should not be affected by such notification. Though the rule against retrospective construction is not applicable to statutes merely because a part of the requisite for its action is drawn from a time antecedent to its passing, in the instant case the rights were conferred under the notification and such rights are being affected by subsequent notification, which is detrimental and the same should be avoided to that extent and be allowed to operate without such retroactivity.

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66 x x x x x.

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67 . Therefore in the factual background of the issue involved, to sum up, it will have to be held that though the impugned Notification dated 04.03.2021 is based on a policy and in the exercise of the statutory power of a Sovereign State, the provisions as contained therein shall apply prospectively only to persons who are born in a foreign country subsequent to 04.03.2021 i.e. the date of the notification and who seek for a registration as OCI cardholder from that date since at that juncture the parents would have a choice to either seek for citizenship by descent or to continue as a foreigner in the background of the subsisting policy of the Sovereign State."

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In the above circumstances, we are of the opinion that the inclusion of the provision in the

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prospectus to the effect that OCI card holders would not be eligible for admission to Government seats cannot be countenanced.

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Learned AGA appearing for respondent No.2 -

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State and the learned counsel appearing for respondent No.3 - KEA also submit that the OCI card holders would be eligible to participate in the competitive examinations as also for selection to Government seats as well in terms of the judgment of the Apex Court. It is submitted that Rule

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5 of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006, specially Rule 5 thereof would have to be appropriately amended to accommodate OCI

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card holders also, as being eligible to participate in selection to Government seats under the Rules in the light of what is held by the Apex Court in Anushka Rengunthwar's case. It is further submitted that in the light of the judgment of the Apex Court in Anushka Rengunthwar's case, persons like the petitioners who

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are the OCI card holders will also be considered for admission to Government seats, provided that they have all other eligibility as provided in the Rules.

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The said submissions are recorded.

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It is clarified that OCI card holders like the petitioners will be permitted to participate in the examination and the selection procedure for Government seat in KCET-2025 for professional courses. The State Government and the KEA are directed that to take appropriate steps to see that the 2006 Rules as well as the admission brochure are properly amended or clarified to that effect.

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The KEA as well as State Government will take appropriate steps to see that this aspect of the matter is given wide publicity and web hosted so that OCI card holders are not disabled from participating in the selection process.

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