( 1 ) THE respondent was convicted under Section 302 I. P. C. and sentenced to life imprisonment by the Trial Court on 19-12-1995 in S. C. No. 245/1991. This sentence was upheld by the High Court in Crl. Appeal No. 41/96 by judgment dated 3rd December, 1996 and the respondent is in custody undergoing the sentence. He filed a writ petition being W. P. No. 3148/97 before this Court- seeking a direction from this Court that he should be sent to Borstal School in terms of the provisions of A. P. Borstal Schools Act, 1925 (hereinafter referred as the Act ) as he was above 16 years and less than 21 years in age at the time of his conviction. This writ petition was decided by this Court on 10-2-1997. It appears that the Court ordered the respondents / appellants herein to consider the representation of the petitioner/respondent herein with regard 3to his claim that he was entitled to benefit under the Act. The representation was decided by the Government by an order dated 19th November, 1997. By this order the request of the respondent was rejected and he challenged the order by way of Writ Petition No. 35131/97. The learned single Judge has allowed the writ petition and directed the Superintendent, Central Prison, chenchalguda, Hyderabad to transfer the writ petitioner to Borstal School at Nizamabad. The judgment of the learned single Judge allowing the writ petition has been challenged by way of this Writ Appeal.

( 2 ) WE have heard the learned Counsel for the parties at length and also gone through the record.

( 3 ) BEFORE coming to the controversy in issue it will be profitable to note down certain provisions of the Act. Under Section 2 (1) of the Act, adolescent offender has been defined as under :"2. (1) adolescent offender means any person who has been convicted of any offence punishable with imprisonment or who having been ordered to give security under Section 106 or Section 118 of the Code of Criminal Procedure has failed to do so and who at the time of such conviction or failure to give security is not less than 16 and not more than 21 years of age;"section 8 lays down the power of the Court to pass sentence of detention in borstal School. "8. Power of Court to pass sentence of detention in Borstal School - Where it appears to a Court having jurisdiction under this Act that an adolescent offender should, by reason of his criminal habits or tendencies, or association with persons of bad character, be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation and the repression of crime, it shall be lawful for the Court, in lieu of passing a sentence of imprisonment, to pass a sentence of detention in a Borstal School for a term which shall not be less than two years and shall not exceed five years but inno case extending beyond the date on which the adolescent offender will, in the opinion of the Court, attain the age of twenty-three years. "section 10 gives powers to the Inspector-General to transfer prisoners to Borstal school. "10. Power of Inspector-General to transfer prisoners to Borstal School: the Inspector General may, subject to rules made by the State government, if satisfied that any adolescent offender undergoing imprisonment in consequence of a sentence passed either before or after the passing of this Act might with advantage be detained in a Borstal school, direct that such person shall be transferred from prison to Borstal school, there to serve the whole or any part of the unexpired residue of his sentence. The provisions of this Act shall thereupon apply to such person as if he had been originally sentenced to detention in a Borstal school. "section 10-A gives power to State Government to transfer offenders sentenced to transportation to Borstal School. Section 10-A. Power of State Government to transfer offenders sentenced to transportation to Borstal Schools:the State Government may, if satisfied that any offender who ha