Education Law — Andhra Pradesh Education Act, 1982 — Section 7(4) — Preliminary Enquiry by APSCHE — Challenge to Show Cause / Proceedings — Whether statutory source must be cited at preliminary stage — Held, No — Preliminary enquiry is administrative in nature — No interference warranted — Time for compliance extended.

advocatemmmohan

Education Law — Andhra Pradesh Education Act, 1982 — Section 7(4) — Preliminary Enquiry by APSCHE — Challenge to Show Cause / Proceedings — Whether statutory source must be cited at preliminary stage — Held, No — Preliminary enquiry is administrative in nature — No interference warranted — Time for compliance extended.

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A. Preliminary Enquiry — Nature and Scope — Paras 7–9

A preliminary enquiry is an administrative fact-finding exercise intended to enable the authority to determine whether a prima facie case exists for initiating formal proceedings.

Such enquiry:

• Is neither judicial nor quasi-judicial;

• Does not culminate in punishment;

• Does not require prior framing of charges;

• Need not expressly trace statutory source at preliminary stage.

(Ref: Depot Manager, APSRTC v. Mohd. Ismail, 1996 (4) ALT 502 (DB);
Chowtupalli Satyanarayana v. Deputy Registrar of Co-op. Societies, 1998 (5) ALT 521)

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B. Jurisdiction of APSCHE — Section 7(4) A.P. Education Act, 1982 — Para 5

Proceedings initiated under Section 7(4) for verification of institutional functioning and admissions fall within regulatory oversight. Preliminary scrutiny seeking explanation and documents is legally permissible.

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C. Natural Justice — Stage of Applicability — Para 10

At the stage of preliminary enquiry, formal adjudicatory safeguards are not mandatory. However, if punitive action is contemplated, issues must be framed and opportunity afforded before passing adverse orders.

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D. Procedural Fairness — Extension of Time — Para 11

Where time granted for submission of documents is impractical, Court may extend time to ensure reasonable opportunity and compliance.

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GIST OF THE CASE

The petitioner-institution challenged Proceedings dated 19.06.2025 issued by APSCHE alleging:

• Lack of statutory reference;

• Absence of jurisdiction;

• Violation of natural justice;

• Threat of coercive action including withdrawal of permission.

The impugned proceedings required:

• Submission of written justification regarding poor admissions;

• Production of original records;

• Appearance before Review Committee.

Court observed:

• Proceedings are preliminary in nature;

• Authorities are entitled to verify records before initiating formal action;

• No adverse order passed at this stage;

• Judicial interference premature.

However, since notice was received only on 24.06.2025 and compliance was required by 30.06.2025, time was extended.

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PRINCIPLES LAID DOWN

1. Preliminary enquiry is a legitimate administrative tool.

2. Statutory authorities may gather facts before initiating punitive proceedings.

3. Judicial review at show-cause / preliminary stage is limited.

4. Adverse action must comply with principles of natural justice at final stage.

5. Courts may extend compliance time to ensure fairness.

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DISPOSITION

• Writ Petition Disposed of.

• No interference with impugned preliminary proceedings.

• Time for submission of documents extended till 14.07.2025.

• Respondent No.2 to fix enquiry date thereafter.

• No order as to costs.

• Interlocutory applications closed.

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2025:APHC:22743