JUDGMENT : I. Mahanty, J. - This batch of writ application has come to be filed seeking to challenge the Notification dated 29.5.2015 under Annexure-6, by which order The State Council for Technical Education and Vocational Training Odisha on the basis of recommendation of the Centre Selection Committee and guidelines prescribed by DGE&T, Government of India, New Delhi had fixed 54 Nos. of Government and 80 Nos. of Private Institutions as Trade Testing centres to conduct the All India Trade Test in July/August, 2015 and January/February, 2016 under the semester pattern vide letter dated 29.5.2015. Learned counsel for the petitioner submits that this exercise had already been carried out earlier by the learned counsel for the State under Annexure-4 dated 29.12.2014 whereby the Industrial Training Institutions have been identified as Testing centres for conducting examinations to be held in semester pattern during February and August, 2015 (except 2nd Semister in February, 2015). It is asserted that all the said institutions mentioned under Annexure-4 satisfied the requirement according to the eligibility criteria fixed by the DGE&T. The petitioners' assertion is that the Trade Testing Centre which had been identified under Annexure-4 most of them have now not been declared as Trade Testing Centres under Annexure-6. Hence the present challenge. 2. Mr. R.K. Mohapatra, learned Government Advocate places reliance on the DGE&T's Circular under Annexure-A/3 to the affidavit filed by opposite parties 3 & 4 dated 19th December, 2014 which is the direction issued by the Ministry of Labour and Employment, Directorate General of Employment & Training stipulating the manner in which the examination centres are to be determined for both theory and practical examinations at various recognized ITIs. 3. Learned counsel for the petitioners asserts that the said directives of the DGE&T, in so far as the direction contained in paragraph-2(a) of the said Notification concerned to the following extent: "xx xx in order to resolve the issue while deciding the examination center the State Directorate will first exhaust the possibilities of making the Government ITIs/Govt. aided Testing centres and then they can make Private ITI's as a Testing centre with a intimation to DGE&T and subjected to the following condition:-- a. Pvt. It is should have all the infrastructural facilities. b. No private It is will be made as self testing centre. c. Private ITI must be NCVT Affiliated & having minimum of 8 units. aided Testing centres and then they can make Private ITI's as a Testing centre with a intimation to DGE&T and subjected to the following condition:-- a. Pvt. It is should have all the infrastructural facilities. b. No private It is will be made as self testing centre. c. Private ITI must be NCVT Affiliated & having minimum of 8 units. d. The students of two It is made as a testing center should not be mutually interchanged. e. The students of any It is should not be allowed in same trade testing center consecutively for two years. f. The private It is should not have more than 500 students and within the vicinity of 25 km of ITI where the trainees are undergoing training. g. All trade testing centers should have one govt. official must be appointed as examination superintendent (not below the rank of instructor)." 4. Learned counsel for the petitioners essentially challenge the Clause-b as noted hereinabove. Due to such stipulation, the Govt. It is were excluded from the said bar and consequently, there was discrimination between the students who studied at Govt. It is and Private ITIs. 5. We are of the considered view that the said assertion is valid and no distinction ought to have been made by DGE&T between Govt. It is and Private It is but we strongly support and approve the other conditions imposed by the DGE&T in order to achieve fairness/transparency in the examination process. 6. We are however informed by the learned counsel for the SCTE&VT (OP-3) as well as the learned counsel for the petitioner that due to inadequacy of time, the SCTE&VT has directed practical examination for this year (2015) alone to be conducted at the institute where the students have studied. Therefore, for the present year the only dispute relating to location of the Test centre for the theory papers. 7. Since we are of the prima facie in agreement with the petitioner's contention regarding the discrimination, we inherent in Clause-(b) above direct the Director of Technical Education to submit a revised list of Test centers (petitioners-institutes) and we had specifically directed that no student should appear at the theory paper in the institute where they are undertaking their education (i.e. there should be "No distinction between students of Govt. It is or Private ITIs" in the matters of examination). It is or Private ITIs" in the matters of examination). In respect to the discussion made in Court, an affidavit has been filed today by Mr. Bishnu Prasad Sahoo, the Director of Technical Education and Training, Odisha, listing the Trade Testing Centres which will be tagged in the AITT July/August, 2015. The Director has ensured that fairness/discrepancies is maintained and all ITI students appear at the theory papers in other institutions and not in the institution where they were studied. 8. Mr. Bose, learned Assistant Solicitor General brings to our notice that pursuant to the earlier direction issued by the SCTE & VT under Annexure-6, the question papers as well as the admit cards have already been issued for the theory papers which is scheduled to start from 30th July, 2015. In view of our approval of the Trade Testing Centres, as appended to the affidavit filed in Court today, we direct the Director to communicate this list to the D.G.E & T, New Delhi forthwith with the request to recall the admit cards as well as the question papers which may have already been dispatched and to once again issue fresh admit card and questions papers for the purpose of relocated Trading Testing Centres at the earliest. The D.G.E. & T has also pointed out certain difficulties for locating all Testing Centres in particular districts in paragraph-5 which is quoted hereinbelow: "5. That it is humbly submitted that all the examinees of Govt. I.T.Is. shall appear the above Examination in Private I.T.Is. Trade Testing Centre except Govt. I.T.I., Khariar Road, Nuapada, Govt. I.T.I., Phulbani, Govt. I.T.I., Umarkot and Govt. I.T.I., Sonepur, who will appear the said Examination in Govt. Polytechnics in their respective districts as there is no availability of any other alternative arrangement such as Private I.T.Is. As there is no Govt. or Private I.T.Is. of Polytechnics in the district of Malkangiri there is an exceptional that the students of Malkangiri I.T.I. shall appear the above examination in I.T.I., Malkangiri." 9. We find for the reasons above as noted in the affidavit, due to the difficulties faced, we approve the Trade Test Centres as narrated in paragraph-5 above. 10. We also record our appreciation of the assistance provided by the learned counsel for the petitioner, learned counsel for the State as well as learned Assistant Solicitor General in this regard. We find for the reasons above as noted in the affidavit, due to the difficulties faced, we approve the Trade Test Centres as narrated in paragraph-5 above. 10. We also record our appreciation of the assistance provided by the learned counsel for the petitioner, learned counsel for the State as well as learned Assistant Solicitor General in this regard. Since the attempt by this Court is to try and achieve the fair testing process, so that, the students obtain such diplomas will enable them to seek employment in appropriate place. The sanctity attached to the examinations are of prime importance. Therefore, we also direct the SCTE&VT to ensure strict compliance of the stipulation issued by the DGE&T in the conduct/supervision of the examinations. 11. We further direct that the copy of this order be sent to the Secretaries, School & Mass Education, Secondary Education and Higher Education and also copy of the D.G.E. & T's direction to consider similar stipulations to be made applicable for all other examinations conducted under various other bodies in the State. 12. For the future years, it must be ensured that the Trade Testing Centres (for both theory and practical) should follow the DGE&T's direction as modified by this order are strictly complied with. 13. Since practical examinations for this year have already been scheduled to be held, we refrain from interfering with the same keeping the interest of the students in mind. 14. We also make it further clear that in future as explained by the Director in the affidavit in paragraph-5, it shall remain open for SCTE&VT to consider difficulties and take such steps as may be practical. 15. It is also been brought to our notice in course of hearing that various institutions which are unaffiliated and unapproved I.T. Is are flourishing, consequently thereby putting in jeopardy to the lives of numbers of poor students of the State. Consequently, we feel it appropriate to direct the SCTE&VT to publish both in the print as well as the visual media, list of institutions which are duly approved and put out warning to both the parents as well as the students that, the students should only seek admission to the approved/affiliated I.T.Is. Consequently, we feel it appropriate to direct the SCTE&VT to publish both in the print as well as the visual media, list of institutions which are duly approved and put out warning to both the parents as well as the students that, the students should only seek admission to the approved/affiliated I.T.Is. Further the Director of Technical Education shall immediate take steps both civil and criminal actions against those fake, fraudulent or unaffiliated ITI in order to ensure that such sprouting of unlawful It is are brought to an immediate stop. 16. We further direct the Director, Technical Education shall take all necessary step to depute an officer to go to Delhi to the office of the DGE&T to ensure necessary compliances of the directions made herein and to ensure that examinations as per scheduled fixed must be adhered. 17. With the aforesaid observations and directions, the writ petitions are disposed of. Urgent certified copy of this order be granted on proper application. Free copies of this order may be handed over to the learned counsel for the State as well as the learned Assistant Solicitor General for necessary communication and compliance. Final Result : Disposed Off