( 1 ) THIS appeal is filedby the State of Andhra Pradesh, represented by its Principal Secretary, Home Department and the Inspector General of Prisons, Government of Andhra Pradesh, Hyderahad, against the order dated 8/11/1991 in Writ Petition No. 4156 of 1991, passed by a learned single Judge, directing the appellants to transfer the respondent herein from the Central Prison, Chenchalguda, Hyderabad to any Borstal School, for detention till he completes the age of 23 years, and thereafter to set him at liberty.

( 2 ) FACTS necessary for this appeal may briefly, be stated thus : The respondent was born on 2/06/1969. He was convicted for murder, that occurred on 10/09/1987 and sentenced toundergo imprisonment for life, by the Sessions Judge, Nalgonda, by judgmentdated 28/02/1989 in Sessions Case No. 129 of 1988 on his file. Criminal Appeal No. 399 of 1989, filed by the respondent was dismissed by a Division Bench of this court on 20/09/1989. Since the respondent was aged 20 years, three months and eighteen days, on the date when the judgment was delivered, i. e. , 20/09/1989, the Division Bench, recommended to the State Government to pass appropriate orders u/s. 10-A of the Andhra Pradesh Borstal Schools Act, 1925 (hereinafter referred to as the Act ). Consequently, the State Government passed an order in its Memo No. 155/prisons/b90-1, dated 8/02/1990, refusing to commit the respondent for detention in Borstal School, in the following terms :"with reference to his letter cited, the I. G. of Prisons and Director of Correctional Services is informed that his proposal for not transferring Convict No. 3136, K. Krishnaiah of the Central Prison, Hyderabad to Borstal School u/s. 10-A of A. P. Borstal Schools Act, 1925 is accepted. The convict may, therefore, be retained in the Central Prison, Hyderabad. "

( 3 ) MOTHER of the respondent challenged the legality of this order by filing W. P. No. 8038 of 1990, which was allowed by a learned single Judge on 3-9-1990. The operative portion of thesaid order is as follows :"for the foregoing reasons, the writ petition is allowed. The impugned order issued by the State in Memo No. 155 / Prisons 90-1, dated 8-2-1990 and Lr. No. 827 / SB 2 / 89, dated 15-1-90 issued by the I. G. of Prisons are set aside and consequently the first respondent is directed to pass a fresh order under S. 10-A of the Act taking into consideration the report submitted by the District Probation Officer, Nalgonda, in his letter No. D/ NKG/ 3/ 89, dated 11-10-1989 as expeditiously as possible, in any event not later than eight weeks from the date of receipt of a copy of this order. It is needless to mention that Krishnaiah shall not be detained in Borstal School beyond the date on which he attains the age of 23 years".

( 4 ) THE Government, pursuant to the above direction, again passed the order in G. O. Rt. No. 3220, Home (Prisons Department), dated 12-12-1990, operative portion of which reads as follows :"in the light of the judgment dt. 3-9-1990 of the High Court of Andhra Pradesh, in W. P. No. 8039/1990, Government have again carefully examined the issue and consider that there was no provocation for the convict to involve in the case while two brothers are quarrelling Sri Komalla Krishnaiah had dealt the first blow which is a clear indication of the bad tempor of the convict and he is not to be a fit subject for being dealt with u/ S. 10-A of the Act. They do not see any satisfactory reason to transfer the above said convict to Borstal School u/s. 10-A of the Borstal Schools Act, 1925 and accordingly order that he be retained in Central Prison, Hyderabad".

( 5 ) AGGRIEVED by this order, the respondent filed writ petition 4156 of 1991 out of which this writ appeal arises. The learned single Judge, allowed the writ petition, by his order dated 8/11/1991. The operative portion of the said order is as follows :"the petitioner would be completing 23 years of age in another six months and twenty-six days.