Malik Farman Ullah Khan vs The Controlling Authority, Board of Intermediate and Secondary Education/Chief Mini

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Malik Farman Ullah Khan VS The Controlling Authority, Board of Intermediate and Secondary Education/Chief Minister Rr. 2, 3, 6 & 7 & Chapters XII & XIV---Constitution of Pakistan, Art. 199---Place to be constituted as centre of examination, matter of---Change of centre---Invoking constitutional jurisdiction of the High Court---Scope---Petitioner (owner/ manager of College) filed constitutional petition as the concerned Education Board/Department (respondents) turned down the request to constitute said college as a centre of examination for its students---Validity---Suitability of a place for constitution as a centre of examination was purely internal matter of the Board which had absolute right of decision in such matter---High Court in the exercise of its extraordinary jurisdiction would not substitute its findings with the one adopted by the Board after making assessment of the ground realities---Court should not interfere in the internal governance of an educational institution---Constitution of an examination hall was the function as well as the discretion of the respondents, which they had a right to exercise in the manner as warranted, unless it infringed on the fundamental right of the students---No prejudice had been caused to the students by not constituting the college as the centre of examination ---Constitutional petition, filed by owner of educational institution, was dismissed in limine, in circumstances. Citation Name: 2025 MLD 73 PESHAWAR-HIGH-COURTBookmark this Case Malik Farman Ullah Khan VS The Controlling Authority, Board of Intermediate and Secondary Education/Chief Minister Rr. 2, 3, 6 & 7 & Chapters XII & XIV---Place to be constituted as centre of examination, matter of---Authorities (Chairman, Controller of Examinations)---Powers---Change of centre---Scope---Petitioner (owner/manager of College) filed constitutional petition as the concerned Education Board/ Department (respondents) turned down the request to constitute said college as a centre of examination for its students---Matter with regard to constitution of a place as a centre of examination is governed by R.3 of Chapter-XII of the Khyber Pakhtunkhwa Conduct of Examination Rules, 2022, having been made under the Khyber Pakhtunkhwa Board of Intermediate and Secondary Education Ordinance, 1990 ('the Rules'); R.3 vests discretion in the Chairman of the Board to constitute a place as a centre of examination under special circumstances on such terms as may be determined by him---Similarly, the matter with regard to the change of centre of examination is regulated by Chapter-XIV of the Rules ;this chapter provides for the circumstances and conditions to be satisfied for the change of centre of examination---Rule-2 thereof vests discretion in the Controller of Examinations to allow change of centre with the approval of the Chairman in exceptional circumstances---However, no real hardship or exceptional circumstances could be pointed out by the petitioner to persuade indulgence in the present matter ---Moreover, R.3 commands that an application for a change of centre shall be made on a prescribed form which shall be submitted by the person signing the admission form ---In the present case , the applications were made on a plain paper and not on the prescribed form---Said applications were moved to the Chairman of the Board by the parents of the students concerned and, thus was not moved by the persons having signed the admission forms and that too without accompanying prescribed fee under R.6---At the time of making the applications for the change /restoration of centre of examination, a Degree College had already been constituted as a centre of examination for the students of the college ---Rule-7 provides that the Controller shall have the power to reject an application for a change of centre without assigning any reason for his orders---It is, thus, clear that constitution of a place as a centre of examination is the privilege of the Board, which cannot be claimed as of right---College-in-question was a private institute situated in the same district to ensure transparency in conducting the examination---Constitutional petition, filed by owner of educational institution, was dismissed in limine ,in circumstances.

Malik Farman Ullah Khan vs The Controlling Authority, Board of Intermediate and Secondary Education/Chief Minister Rr — 2025 MLD 73 PESHAWAR-HIGH-COURT

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