Judgment Ravi S.Dhavan, J. 1. This is a strange way the government of Bihar works. Rather than to go into the narration on what the issue is about, it is very relevant to reproduce the affidavit which was filed on 9 May, 2002. The affidavit is of the "Legal Remembrancer of the Government of Bihar, Patna." The affidavit in so far as the relevant context is concerned recites : "That it appears from the record that the process for introducing a new policy for selection of Policemen and determining their qualifications was initiated by letter No. 191/8.-2 dated 14.2.2001 of the office of the Director General and Inspector General of Police, Bihar, Patna sent by the Inspector General of Police (Administration), Bihar, Patna to the Home Commissioner and Secjetary, Bihar Patna enclosing the details in the form of a fresh Police order amending the earlier Police order No. 202/88 and seeking the approval and orders of the Government for the same." 2. On the academic qualification whether it should be matric or higher or lower, the legal Remembrancer submits in his affidavit thus : "That it thus appears from the record that no opinion was taken from the Legal Remembrancer in the matter. That even when the Draft Rules were finally sent for vetting to the Law Legislative (sic) Department the reports of various police Commission etc., the Fitment Committee Report or even the earlier order dated 10.9.1999 of the Hon ble High Court was not brought to the notice of the Law Department by the Administrative Department." The issue before the court is about the basic qualification for the recruitment of a constable. The offending notification has reduced the educational qualifications of a constable who belonged to a reserved category from class 10 to 7. This occasioned the filing of the present writ petition by the Bihar Police Mens Association drawing the attention of the Court that whereas this matter has been examined threadbare by various Commissions instituted by the Government of India there is hardly an occasion to reduce the basic qualification of a constable. In fact, the Commissions which have reported from time to time have suggested that the basic qualification of a constable ought to be higher and have suggested to the State governments that instead of matriculate the basic qualification should be considered as class 12. In fact, the Commissions which have reported from time to time have suggested that the basic qualification of a constable ought to be higher and have suggested to the State governments that instead of matriculate the basic qualification should be considered as class 12. The various Commissions which have reported in this matter are : (i) First Police Commission, (ii) Fifth National Police Commission Report, (iii) Eight And Concluding National Police Commission and (iv) Mr. K. Padmanabhaiahs Committee. 3. The power which has been utilised by the Director General Police to reduce the basic qualification is recited in the notification. The notification recites that in accordance with Article 309 of the Constitution of India and the Police Act, 1861 by virtue of Section 46(3) the Governor of the State is pleaded to amend the Bihar Police Manual, 1978 . The manual as was published in 1978, in the matter in context, prescribes the qualification for recruitment of a constable. This is Rule 663. This is reproduced : "663. Selection of recruits. (a) Strong, healthy young men between the ages of 19 and 27 years and who have passed secondary (i.e., Matriculation) examination shall be selected as recruits as far as possible. The standard of physical tests shall be same as given in Appendix 38, clause 9 for Sub-Inspectors. For Scheduled Castes and tribes the upper age limit is up to 32 years and educational qualification can be reduced to middle pass if matriculates are not available. The standards of height and chest measurements are given below. These are the minimum and Superintendents should endeavour to get men of higher standard : (i) for general height 163 centimetres and chest 80 centimetres. (ii) for scheduled caste and tribe height 158 centimetres and chest 78 centimetres. (iii) There is no physical standard for Gurkhas, who are residents of India and men of the best physique obtainable and at least literate shall be enlisted. (b) Recruits shall be measured by the reserve inspector in the Superintendents presence at the time of enlistment. (c) The Selection Board is not precluded from selecting men over 27 years of age or, for special reasons, men beneath the standard of measurement, but it shall do so only on good grounds. Before enlistment the Deputy Inspector-General can give relaxation in height and chest by 2.5 Cms. only. (c) The Selection Board is not precluded from selecting men over 27 years of age or, for special reasons, men beneath the standard of measurement, but it shall do so only on good grounds. Before enlistment the Deputy Inspector-General can give relaxation in height and chest by 2.5 Cms. only. (d) The recruitment shall be made twice a year in such a way that recruits are ready to go to Constables training School before the start of the session. There shall be no necessity for training in district headquarters. The Superintendent shall publish notice of selection of candidates in newspapers giving the exact number of vacancies and also advertise through employment exchange. He shall endeavour that selection is completed and results are laid before the candidates the same day or on the following day so that they are not made to stay unnecessarily. No waiting list of candidates beyond the number advertised except for few extra men for possible unfitness in medical test is to be kept." The only aspect the Court is concerned with is that the minimum qualification to recruit a constable was that he should have passed secondary (that is matriculation) examination. 4. In the generality it was understood that a constables minimum qualification would be matriculation. The exception was that for Scheduled Castes and Tribes an upper age limit could be prescribed and an educational qualification may be reduced to middle pass. But even this exception was nullified. It was not a blanket exception. Rule 663 says that for Scheduled Castes and Scheduled Tribes qualification may be reduced to middle pass provided matriculates are not available. The wording in Rule 663 runs that : "For Scheduled Castes and Tribes educational qualification can be reduced to middle pass if matriculates are not available. The word if is fundamental.Thus, there was an obligation on the State administration to recruit constables only with a minimum qualification being matriculation. If. however, there was a shortfall then the rule permitted latitude to recruit constables from reserved class with a lesser qualification. But this indulgence comes with accountability, public accountability. The people have to be shown that indeed constables with Class 10 qualification are not available. Only if this situation happens that constables with a lesser qualification may be inducted. The rule is workable but it has to be followed in its spirit. 5. But this indulgence comes with accountability, public accountability. The people have to be shown that indeed constables with Class 10 qualification are not available. Only if this situation happens that constables with a lesser qualification may be inducted. The rule is workable but it has to be followed in its spirit. 5. The State Government of Bihar cannot send its representatives to attend the sittings of Commissions on reforms in police administration and conveniently ignore the reports of the Commissions when it comes down to suggesting changes for a better police force. The first Police Commission which made a report on positive changes in the quality of the police force is the L.R Singh Commission, Mr. L.R Singh, I.C.S.. was an officer from Bihar, later to become the Home Secretary. Conveniently throwing all these reports of various Commissions in the dust bin, the State administration resorted to do exactly what it felt regardless of the rules as existed. The administration cannot be in a retrograde action. The purpose of the various Police Commission reports was that the policeman was to be made sensitive in his interaction with the people. A policeman of the Republic not the raj. The Police Act 1861 is vintage; of the raj. 6. In so far as the Police Act, 1860 is concerned, it had been enacted to run an Empire, the British Empire. The colonial master was the Saheb. He needed the native to be controlled. It is for this reason that lathi wielding police men during 1942 agitations, for at the drop of the hat on the signal of a civil servant, the colonial police, split Lala Lajpat Rais head. 7. What is the worth of having various Police Commissions if the police administration will not wake up to the suggestions which have been made? By all means give all the advantages to those persons who are entitled to reservations. The age may be increased, seats may be reserved, but there cannot by any compromise that the police today in a Democratic. Socialist Republic will be illiterate. Then, who will read what is a cognizable offence and what is a non-cognizable offence. Who will scribe the First Information Report when brought by an ifliterate from the village? 8. Let not the recruitment of constable become a vote catching spree exercise. Let the quality of the police force not be compromised. Socialist Republic will be illiterate. Then, who will read what is a cognizable offence and what is a non-cognizable offence. Who will scribe the First Information Report when brought by an ifliterate from the village? 8. Let not the recruitment of constable become a vote catching spree exercise. Let the quality of the police force not be compromised. Already, the police has to yet orient itself that it is a police for its own peoples. A police to hold the Rule of Law. A police for the citizen in a republic. 9. The Law Department has left an affidavit on record that these matters were not referred to it. Where does the police administration take its advice from? Changing Rules, a subordinate legislation without consulting the Law Secretary is not an ideal way of running an administration. This violates the transaction of Rules of the business of the Government of the State framed under the Constitution of India, Article 166. 10. Then, this issue had been examined by the High Court in the matter of Bihar Police Mens Association & Anr. vs. The State of Bihar & Ors., C.W.J.C. No. 11173 of 1998, Ed.Reported in 1999(3) PLJR 687. That itself should have been a hint to the State administration to fall in line with modern times to take into account all the reports of the various Police Commissions and update the Regulation 663 accordingly. 11. The Court at present is not going into the aspect whether the power has been derived in terms of Section 46(3) of the Indian Police Act. 1861 or that the Rules have been framed in accordance with Article 309 of the Constitution. The Law Department has said that no advice was taken. It is rare that such a frank affidavit comes on record. 12. Unknown perhaps to the Additional Advocate General in none of the affidavits of the State respondents a reference has been made that against the judgment in C.W.J.C. No. 11173 of 1998 a Letters Patent Appeal had been filed. In this Letters Patent Appeal a prayer for stay was declined. The order of the Court on L.P.A. No. 1452 of 1999 : The State of Bihar and Ors. vs. Bihar Police Mens Association and Anr. reads thus : "The appeal is barred by limitation. Taking into consideration the averments made in the limitation petition, the delay in filing the appeal is condoned. The order of the Court on L.P.A. No. 1452 of 1999 : The State of Bihar and Ors. vs. Bihar Police Mens Association and Anr. reads thus : "The appeal is barred by limitation. Taking into consideration the averments made in the limitation petition, the delay in filing the appeal is condoned. This appeal will be heard. The prayer for stay is refused. In case, the order of the learned Single Judge is not complied with it will be open to the concerned respondents to move for contempt." 13. The judgment of the learned Judge on C.W.J.C. No. 11173 of 1998 is dated 10 September, 1999*. An appeal was filed against this judgment but stay was refused. The parameters of the judgment were simple that the minimum qualification of a constable is matriculation. As long as the judgment had not been stayed by any court of competent jurisdiction, which was not the case, the verdict lay for being followed not violated. If the State had intended to change the status quo on the judgment on the refusal of the stay order it had three options : (a) to follow the judgment, (b) to take leave of the High Court in case the status quo as on the judgment was to be altered and (c) challenge the interim order of the High Court which was passed on C.W.J.C. No. 11173 of 1998 at the Supreme Court. Neither steps were taken. 14. After this matter was heard and judgment was being dictated in court a request was made by the Additional Advocate General that the Court may stop the dictation so that he could bring this matter to the notice of the State government. It was an unusual prayer to stop the court from dictating the judgment. But, the manner in which it was made with all humbleness the Court could hardly resist adjourning the case for what is being considered is in the realm of public law and is not a lis between one person or another or between a person or a State. The adjournment was granted for many grounds because noncompliance of the judgment brings in a continuous contemptuous situation. But the situation as it lies on record today is even worse. The adjournment was granted for many grounds because noncompliance of the judgment brings in a continuous contemptuous situation. But the situation as it lies on record today is even worse. The then Director General of Police in the face of the judgment, with a stay refused justifies the violation of the judgment on the ground that he has the power to do so. 15. The issue is : Does he? 16. Thus, contempt proceedings were initiated. The respondents were put under notice. The violation of the order of the Court dated 15 May, 2001 was in Letters Patent Appeal No. 1452 of 1999 : The State of Bihar & Ors. vs. Bihar Police Mens Association and Anr. and the order was passed by Hon ble Nagendra Rai and Hon ble S.K. Katriar J. Learned Additional Advocate General, submitted on 4 September, 2003 to the effect, that the respondents are contemplating return of the position as prior to the date of Annexure 1 that is 28 August, 1998. This may be a graceful gesture to fall in line with the law and yet it may be a good defence to purge the contempt, But, so far nothing has been placed before the Court that the cause in the writ petition has become infructuous. The continuation of delivery of the judgment cannot be left midway. 17. It does leave a disturbing feature that the then Director General of Police sought to violate the stay order of the High Court in which he was a party. A police officer should do this is indeed unfortunate. It is fortunate then that he has now retired. He took the law into his own hands. He did not consult the Law Department which was available to him for advice at any given time. A keeper of the law avoided the law advisor. Thereafter he has an audacity to tell the High Court in an affidavit by pitching his power against the order of the Court. But he could not show where this power lay. This Director General of Police was playing politics with the politicians. No wonder, the reins of iaw and order control came effectively in his hands. 18. Thereafter he has an audacity to tell the High Court in an affidavit by pitching his power against the order of the Court. But he could not show where this power lay. This Director General of Police was playing politics with the politicians. No wonder, the reins of iaw and order control came effectively in his hands. 18. There are cases pending at the High Court alleging police arbitrariness, police brutalities, police not responding to reports given when a crime may have been committed, of jail conditions and violence within, of inhuman conditions in jail which may prevail for more reason than one and of the law and order situations with a shut eye approach not even to receive a report when a citizen had filed it. Already an argument had been raised that if the police is half educated and his qualifications are being lowered then who will read and understand what crime is. This question could not even be answered on behalf of the State of Bihar. 19. The petitioners desire to know why did the State of Bihar participate in so many commissions referred to above in paragraph 3 of this judgment. On this specific issue on lowering the qualification of a constable what the various Commissions have had to suggest is extracted referred to hereinafter : Extract of Report of the Committee on Police Reforms, August 2000 : K. Padmanabhaiah, Chairman. "3.5 There are no shortcuts for creating a new-looks, modern police force. It can only be created over a period of time through intensive efforts a recruiting the right type of people, imparting training which values discipline and hard work and integrity, and in creating better working conditions. Constable : 3.7 The police constable, after completing his training, must be smart looking, physically trim and has to be a thinking policeman. He is at the first level of public contact and the image of police would depend on his smart turnout and behaviour. We, in fact, envisage him not merely as a police constable, but as somebody who can go up high in the hierarchy, provided he has the ability. He is at the first level of public contact and the image of police would depend on his smart turnout and behaviour. We, in fact, envisage him not merely as a police constable, but as somebody who can go up high in the hierarchy, provided he has the ability. For a constable, we, therefore, recommend that boys who have passed 10th standard and whose age is not more than 19 {with three years relaxation for SC/ST) should be eligible to sit in an entrance examination to be conducted by a Police Recruitment Board constituted by the State Government. The selection should be a two-step process : 1. In the first stage, an endurance test like running for four miles, etc., can be conducted under the supervision of the S.P. at the district level. They should also qualify the prescribed fitness norms like height, weight, chest, waist etc. Those who have passed endurance test and the fitness test should be given a certificate of passing. 2. In the second stage which is after a sufficient time lag after the first stage, they would appear for an entrance examination which comprises of a computerised objective type tests to test general knowledge, basic intelligence, basic mathematics, questions relating to aptitude of the candidate. The question papers should be set at the State Headquarters. The test should be held on one day throughout the State. Depending on the number of vacancies, the top performers in the entrance examination plus 10% more, should be selected as constable cadres. 3.8 The selected candidate should, remain in a police training institute for a period of two years, where they would learn policing subjects as well as subjects from Arts group and Science group, so that at the end of the 2 years, they can sit for the 12th standard examination. The course contained of the Arts and Science subjects could be slightly different from the syllabus taught in the general schools, with greater emphasis were given to vocational training. The Central Board of Secondary Education (C.B.S.E.) or the State Boards of Secondary Education can be asked to work out appropriate syllabus for the general subject. During the training period, the cadets would be paid a stipend. Certain percentage of marks should be earmarked for performance in the training school to be allotted by the Director of the Institute. The Central Board of Secondary Education (C.B.S.E.) or the State Boards of Secondary Education can be asked to work out appropriate syllabus for the general subject. During the training period, the cadets would be paid a stipend. Certain percentage of marks should be earmarked for performance in the training school to be allotted by the Director of the Institute. The competent authority would have power to discharge a candidate after due enquiry, whose conduct and character are not satisfactory. Those who pass the examination and are willing to join the police would be recruited as police constables. Those who fail in the final examination can try their luck in the open market as security guards or set up business as detectives or pursue such avocations as they like." Extract of Recruitment Policy And Programmes for State Police Organisations, Study Report O.P. Minocha, Jaytilak Guha Roy Yatish Mishra. In view of general rise in educational standards throughout the country the relaxation in the prescribed educational qualificaitions for SC and ST candidates does not seem to be justified. Extract of the First Report of the National Police Commission, Dharma Vira, Chairman of Commission : Recruitment, Training and Career Planning. The Committee on Police Training (1972) had given an exhaustive report with several recommendations regarding recruitment and training of different ranks in police. In regard to Constables they had recommended that "the high school examination or its equivalent should be the minimum educational qualification for the recruitment of Constables both in the unarmed and the armed branches of the police uniformly throughout the country. The effort, however, should be to attract candidates with higher educational qualifications. To this end, we recommend further that suitable advance increments should be given to candidates who have passed the intermediate or higher examination." We wholly endorse the views of the Committee on Training in this regard. In the revised system as visualised by us, the Constable will have to be trained and developed as a potential investigating Officer who can. with experience, handle investigational work independently. When he picks up that requisite experience, which in our view should be around five or six years, he should enter the rank of Assistant Sub Inspector/ Sub Inspector by promotion. with experience, handle investigational work independently. When he picks up that requisite experience, which in our view should be around five or six years, he should enter the rank of Assistant Sub Inspector/ Sub Inspector by promotion. The present syllabus of his training as a Constable and further in-service training courses wherever organised, will have to be given a second look to see if they provide for adequate training in the basic principles of investigational work and allied interaction with the public. We are examining this matter separately and will be making our recommendations in our next report. Extract of Fifth Report of the National Police Commission : Recruitment of Constables and Sub-Inspectors. 35.1 In our First Report where we had dealt with some important aspects of the living and working conditions of the constabulary, we had, inter alia, made the following observations : "1.20 It is thus seen that the Constable of the present day has moved far from the predominantly mechanical role assigned to him by the 1902 Commission and has now to interact with the public in larger numbers in a variety of situations where he has to apply his mind, exercise his judgment, use his powers of persuasion and appeal and enforce law with public understanding and cooperation. It is the constabulary who form the cutting edge of police administration and face the public most during their visits to police stations and movement on roads. It is the Constables behaviour and response which create the first and foremost impact on the public mind. The police image in the country is largely determined by the staff who function at the police station level. The constabulary constitute a large majority of this staff and form the foundation and base for the entire police structure. Any attempt at a meaningful police reform has necessarily to start at their level only, since no restructuring of the system will be practicable or enduring unless the mass base of the system is rendered healthy and efficient." Constables-educational qualification 35.8 The Committee on Police Training 1973, having taken stock of the then existing educational standards in the various States, had recommended that the High School Examination or its equivalent should be the minimum educational qualification for recruitment of the constables in the armed as well as the civil branches of the police uniformly throughout the country. We endorse the Committee on Police Training 1973s recommendation that the minimum qualification for recruitment to the post of Constables in the armed as well as civil police should be High School. We would, however, like to observe further that this qualification is only a stipulated minimum and should not operate against attracting candidates of higher educational qualifications. In fact, we expect the police force to draw in people with even higher qualifications at the level of Constable when once the promotional flow upwards becomes smooth and quick in reality. We are, therefore, of the view that at the time of recruitment some weightage in the form of bonus marks may be given to candidates with higher qualifications. Recruitment from Scheduled Castes and Tribes. 35.9 While examining some aspects of recruitment at the Constables level we had occasion to ascertain the experience of the Central Reserve Police Force in recruitinig candidates from the Scheduled Castes/Scheduled Tribes/Backward Classes. It was found that they had no difficulty at all in securing candidates from these classes with the same educational qualifications and physical standards as prescribed for the other general candidates. This is presumably because of the broad spread of education among these classes owing to the constructive educational policy of the Government in the recent decades. We, therefore, recommend that no relaxation need be made in the prescribed educational qualifications and physical standards for recruiting candidates from these reserved classes." 20. An uneducated police man can affect the life and liberty of a citizen. He can contribute to more violence, he can contribute to lawlessness. This would be less if were an educated police man. While other States are thinking of increasing the qualifications of a policeman from matriculation to Class 12 no logical answer could be given on behalf of the State government why qualification was being reduced from class 10 to 7. 21. All the copious reports which have gone into this question about educating the policemen have been thrown in the waste paper basket by the State Government of Bihar. What is the use of attending these commissions if the advice rendered by them will fall on deaf years. An uneducated police man is not the reserve of the State Government. It is everybodys business. What is the use of attending these commissions if the advice rendered by them will fall on deaf years. An uneducated police man is not the reserve of the State Government. It is everybodys business. Every citizen who resides in the State is affected by the law and order situation unless it is the case of the State that disorder and lawlessness suits the situation to remain in power. This could be antithesis for the thesis for an educated policeman. The Court has already made an observation that it could be one method for catching votes. 22. It is the Bihar Policemen Association, a body of policemen themselves which shows concern that the State of Bihar has to move forward by having an educated policemen. The Court cannot tell the petitioner "no". 23. The then Director General of Police, ignoring and without consulting the Law Department which has candidly stated that it was never consulted, seems to be banking on some misplaced power he may have under Section 46 of the Police Act, 1861. He particularly refers to sub-section (3) of Section 46 for amending a time tested rule. Rule 663. 24. The Rule as it lay was workable notwithstanding that it gave reservation by dropping the qualification in case matriculation passed candidates amongst Scheduled Caste sand Scheduled Tribes were not available. A relaxation was also made in age; this aspect is not the context of the present case. But, to drop an educational minimum qualification put a tremendous obligation on the State Government to first objectively be satisfied, as a measure of responsibility, that candidates from the reserved categories were not available. This objection cannot be passed over. Every police officer in a district where a recruitment takes place will have to record with accountability that Scheduled Castes and Scheduled Tribes candidates are not available and only then a lesser qualified candidate could be considered. Even in the exception granted in the Rule to lower the qualification, a qualified reserved candidate, may question the State Government that he was eliminated in preference to a lower qualified candidate. If the State government were to ignore a Scheduled Caste and a Scheduled Tribe candidate with matriculation and yet go recruiting candidates with lesser qualification then this breaks up the very principles of reservation. The Rule was workable but the State Government destroyed it. 25. If the State government were to ignore a Scheduled Caste and a Scheduled Tribe candidate with matriculation and yet go recruiting candidates with lesser qualification then this breaks up the very principles of reservation. The Rule was workable but the State Government destroyed it. 25. The amendment which was made brought two classes-a qualified reserved candidate having the minimum qualification and in the same class a person with lesser qualification. There were rivals within reservation. Thus, the State Government created this situation. 26. Now another matter. The Law Department was not consulted. Was this a action of the State Government or the Director General of Police who claims this power under Section 46 of the Act? The power which is assumed claimed cannot be seen alone. It has to be read with Section 7 and then Section 12 of the Police Act. Section 7 of the Police Act may perhaps refer to appointment, dismissal, etc. of inferior officers. But, Section 7 is about inferior officers of subordinate ranks. This is more about taking care of discipline by taking action on punishments for misdemeanours in service than then about making appointments. 27. Section 12 is the power of the Inspector Genera! of Police to make Rules subject of course to the approval of the State Government. But these rules are in reference to the expediency "relative to the organisation, classification and distribution of the police force, the places at which the members of the force shall reside, and the particular services to be formed by them; their inspection, the description of arms, accoutrements and other necessaries to be furnished to them; the collecting and communicating by them of intelligence and information, and all such other orders and rules relative to the police-force as the Inspector-General shall, from time to time deem expedient for preventing abuse or neglect of duty, and for rendering such force efficient in the discharge of its duties." If the power is reserved then it is reserved to the State Government. 28. The generality on the norms of recruitment then falls back to Rule 663. Matriculation was the qualification for the purpose of selection of recruits as far as possible, implying thereby that as far as possible only matriculates will be recruited. An exception was left in objectivity, in first finding out the non-availability of non-matriculates in the reserved class. 28. The generality on the norms of recruitment then falls back to Rule 663. Matriculation was the qualification for the purpose of selection of recruits as far as possible, implying thereby that as far as possible only matriculates will be recruited. An exception was left in objectivity, in first finding out the non-availability of non-matriculates in the reserved class. The spirit of the rule clearly lies in the generality to recruit matriculates only. If and when nonavailability of qualified reserved candidates ever becomes a reality then, it is the responsibility of the Director General of Police, to record his assessment. Only then, the exception may be resorted to. 29. The State Government cannot ignore the Police Commissions if it wants to give reservation to Schedule Castes and Scheduled Tribes it may do so by all means. To have an efficient police force and an literate constable is a matter of policy. This policy cannot be abdicated a 140 years old. Police Act cannot taken advantage of. The time has come that the educational qualification of the student has to be taken to Class 12 i.e. to say 10+2. In fact the said principle considering recruiting constables who are graduates. However, while increasing the qualification to class 12 reservation can come in the form of relaxation in the minimum age on recruitment this will adequately do justice to the concept of reservation for recruiting a constable, a literate constable and satisfy principle of reservation also without compromising with the requirement of an educated policeman. 30. Thus, all things considered, in clause 2 of the notification dated 1 August, 2001 after the heading fterftrer ^rtt the only aspect which will remain is as "10^t w." The rest stands quashed. 31. This petition is allowed with costs.