MUHAMMAD AFAQ KHAN vs BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, KOHAT S — 2024 MLD 115 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 MLD 115 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: MLD
Parties: MUHAMMAD AFAQ KHAN vs BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, KOHAT S
Subject matter: Constitutional
Provisions referred to: S. 21---; Secondary Education Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD AFAQ KHAN VS BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, KOHAT S. 21--- Educational institution---Center of examination, change of---Constituting new examination center---Petitioner/candidate sought establishment of new examination center for him on the plea that his father had enmity in the area where center assigned to him was located---Validity---There was a distinction between 'change of center of examination' and 'constituting a place as center of examination'---Former was governed by Chapter-XII, while the latter by Chapter-XIV of the Rules made under the Khyber Pakhtunkhwa Boards of Intermediate and Secondary Education Act, 1990---Center of examination could be changed for a student from one place to another, provided the latter was also a duly constituted center of examination---Such center could not be allowed to be changed from one place to another, if the latter was not so constituted at the time of such change---Seeking such change by petitioner/candidate amounted to seeking constitution of a place as center---Constituting an examination hall was the function of authorities, who may exercise the discretion in the manner as warranted under rules, which cannot be interfered with unless it has infringed on fundamental rights of students---High Court declined to interfere in the matter as petitioner/candidate failed to point out as to what prejudice was cased to him by not constituting his desired place as center of examination---There was no mala fide on the part of authorities for allocation of center to petitioner/candidate---Constitutional petition was dismissed, in circumstances.

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