Ramesh Ranganathan, J. - (1.) This appeal, under Clause 15 of the Letters Patent, is preferred against the order passed by the Learned Single Judge in W.P.No.29946 of 2016 dated 19.01.2017. The appellants herein are respondents 6 and 7 in W.P.No.29946 of 2016. Respondents 1 to 3 herein filed W.P.No.29946 of 2016 to declare G.O.Rt.No.201 dated 30.08.2016 issued by the 1st respondent therein, and all consequential proceedings, as violative of Articles 14, 19(1)(g) and 21 of the Constitution of India besides being contrary to Section 100 of the A.P. Education Act, 1982 (for short "the Act"). Parties shall, hereinafter, be referred to as they are arrayed in this appeal.
(2.) G.O.Rt.No.201 dated 30.08.2016 was issued by the Government, in exercise of the powers conferred under Section 100 of the Act, according permission to the Management of the appellants herein to shift their College from Venkatagiri to Naidupet. Section 100 confers power on the State Government to exempt any educational institution from the operation of all, or any of, the provisions of the Act or the Rules made thereunder, subject to such conditions as they may deem fit to impose. This power, conferred by Section 100 of the Act, is required to be exercised by the Government by way of a notification and for reasons to be specified therein.
(3.) As the power of the Government to exempt an educational institution, from the rigour of the Act and the Rules, was not in issue before the Learned Single Judge, and the only contention urged before him was that the reasons furnished in the impugned G.O were not germane to the exercise of power conferred under Section 100 of the Act, it would suffice for us to note the reasons, which weighed with the Government for granting the appellants herein exemption under Section 100 of the Act, bearing in mind that the power to grant exemption, from the application of the provisions of the Act and the Rules made thereunder, is to be exercised more as an exception than as a Rule.;