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4. Genetic fidelity of tissue cultured plants:
Tissue cultured plantlets are considered as quality planting material. The term quality planting material includes two major requirements a) Disease free and b) True-to-type (genetically identical). Supply of disease-free material to farmers is important to avoid any spread or outbreak of serious diseases in the field. Genetically identical planting material is uniform in morphology, growth and eventually yield. Therefore, these two are the basic requirements for certification under NCS TCP through DBT. Under this, the company has to restrict the number of subculture cycles (in case of banana it is a maximum of 8 passages of shoot multiplication) after initiating the cultures due to the increased probability of off-types with each successive subculture. However, if the company go for more subculture cycles, they should conduct Genetic fidelity test using DNA markers of each batch of plants before supply to ensure that the saplings are not showing any deviation from the mother plant. The problem of somaclonal variation (off- type) in tissue cultured Banana is high as compared to other plants, and therefore, the guidelines of NCS TCP mentions that "In case of banana under no circumstances shoot should be subcultured for more than 8 passages"
5. What if the genetic fidelity test is not conducted?

The documents provided by the company lacks a mandatory genetic fidelity test report from an accredited lab. The KVK joint inspection team's report is also concluded with visual observations without conducting this test. Since flowering, fruiting, and yield in bananas are influenced by both genotype and environmental conditions, a valid confirmation of the non-uniformity of tissue-cultured Elakki banana plantlets can only be achieved through a Genetic Fidelity test using DNA markers. Usually, after reaching 8th passage of plantlet multiplication in a tissue culture system, fresh explants from the field needs to be introduced to start the multiplication cycle in banana. This is necessary to reduce the chance of any off-type or somaclonal variation in the multiplied plantlets. Therefore, in the absence of genetic fidelity test document, the origin of the supplied batch of Elakki banana may be referenced from the subculture cycle. A batch of plantlets derived from a subculture cycle higher than 8th passage may indicate the probability of increased number of off-types in the banana batch supplied to the farmer.

23. The independent expert observes that since flowering, fruiting, and yield in bananas are influenced by both genotype and environmental conditions, a valid confirmation of the non-uniformity of tissue cultured Elakki banana plantiets can only be achieved through genetic fidelity test using DNA markers.

24. In the case at hand, the unilateral report of KVK was admittedly based solely on visual observations. As such, going by the Report of the independent expert, it is clear that the evidence on record is highly insufficient to confirm that the alleged issues with the Respondent crops are attributable to the Appellant.