SHIVA KIRTI SINGH - (1.) 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 vs. Dy. Director of Education, 10th Circle and others, reported in 1994 (24) ALR 410. On the other hand, on behalf of the respondent no. 4, a private person who along with 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 vs. State of U.P. and others, reported in 2009 (1) AWC 466. 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?
(3.) BEFORE us, surprisingly, Counsels for all the parties supported the stand of the petitioner before the learned Single Judge.;