Hon’ble Shiva Kirti Singh, C.J.—The writ petition at hand has been placed before this larger Bench on a reference made by a learned Single Judge by order dated 22.12.2011. The learned Single Judge heard the parties on merits and noticed the relevant facts and rival submissions indicated below.

2. On behalf of the petitioner, reliance was placed upon some judgements of this Court including that of a Division Bench in the case of The Committee of Management, M.M.I. Inter College, Bijnor v. Dy. Director of Education, 10th Circle and others, 1994 (24) ALR 410. On the other hand, on behalf of the respondent no. 4, a private person who alongwith others had objected to the extension of term of the petitioner- Committee of Management, reliance was placed upon another later Division Bench judgement of this Court in the case of Committee of Management, Arya Kanya Inter College, Bulandshahr and another v. State of U.P. and others, 2008(10) ADJ 698 (DB).

3. The learned Single Judge was of the view that there is a conflict of opinion between two Division Benches. In his opinion, following two relevant questions require decision by a larger Bench:-

(1) Whether the amendment will become effective from the date of the amendment?

(2) Whether the amendment, extending the term of the Committee of Management, will apply to the existing Committee of Management, which has made the amendment or it applies to the Committee of Management which will be formed after the election being held after the amendment?

4. Before us, surprisingly, Counsels for all the parties supported the stand of the petitioner before the learned Single Judge.

5. For appreciating and deciding the aforesaid two questions or issues of law, it is deemed pertinent to take note of some basic facts which are not at all in dispute. Both the Division Benches judgements, noticed earlier and considered by the learned Single Judge, related to Inter Colleges, which are governed by the U.P. Intermediate Education Act, 1921 (hereinafter after referred to as ‘Act, 1921’). On the other hand, the petitioner, in this case, is the Committee of Management of a Post Graduate College governed by The Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as ‘Act, 1973’) and the Statutes framed by the respondent University under the provisions of this Act. In order to obtain required recognition under either of the Acts, an Intermediate College or a Degree College should be established by a Society duly registered under The Societies Registration Act, 1860 (hereinafter referred to as ‘Act, 1860’). As a registered Society, it can have its own bye-laws but for recognition of the educational institution under the respective Acts, it is required to have a Scheme of Administration. In case of an Intermediate Institution, the Scheme of Administration must be in conformity with the Act, 1921, particularly with the principles laid down in the Third Schedule as per mandate of Section 16-CC. Section 16-CCC of the Act, 1921 vests power in the Director of Education to send notice to the Management of the Institution suggesting modifications in the Scheme of Administration and requiring such Institution to submit fresh Scheme or to amend the existing Scheme. After considering the representation of the Management, Director of Education may approve the new Scheme or amend the existing Scheme, as the case may be.

6. According to the judgement of the Division Bench in the case of The Committee of Management, M.M.I. Inter College, Bijnor (supra), the Scheme of every Institution governed by the Act, 1921 cannot be inconsistent with the principles laid down in the Third Schedule and amendment introduced in the existing Scheme takes effect immediately. Although the amendment is not retrospective in operation, but the term of existing Committee has to be calculated in accordance with the amendment. The Court clarified that since the amendment is enforced only from the date it is made, it cannot be sai