Amreshwar Pratap Sahi, J.;— Heard Sri R.K. Ojha, learned counsel for the petitioners and Sri P.N. Saxena, learned Senior Counsel alongwith Sri H.N. Pandey for the caveator - Shri Arvind Kumar who claims himself to be the life member of the General Body entitled to participate in the election of the Committee of Management of B.P. Inter College, Bijwara, District Baghpat. 2. The petitioner has come up challenging the communication of the Additional Director of Education dated 12th September, 2012 Annexure 10 to the writ petition whereby an information has been tendered that the tenure of the erstwhile Committee will not stand automatically extended on account of the amendment in the term of the Committee of Management by virtue of the approval dated 30.12.2011. 3. Sri Ojha contends that the letter dated 30.12.2011 allows the earlier elected Committee, the elections whereof were held on 14.6.2009 to complete its tenure of five years in terms of the extended tenure, and therefore, the impugned order is vitiated. He contends that the recital in the impugned order that the amendment will apply prospectively only in relation to fresh elections and not to the earlier elected Committee of Management, is erroneous in law. He has relied on an order in a dispute having been referred by a learned Single Judge in the case of C/M Saltnat Bahadur Post Graduate College and another Vs. State of U.P. and others, reported in 2012 (1) ALR 509. 4. Sri Ojha submits that in view of there being a conflict between two division benches, and the matter having been referred to a larger bench, this court should intervene and set aside the impugned order and allow the petitioner Committee to complete its tenure of five years. 5. Replying to the aforesaid submissions, Sri Saxena contends that as a matter of fact there is no actual conflict in the two division bench judgments and as the earlier Division Bench judgment reported in 1994 (24) ALR 410 Committee of Management, MMI Inter College, Bijnore Vs. Deputy Director of Education and others as followed in another unreported decision of 18th September, 2003 in Writ Petition No. 14041 of 2003 has been clearly noticed in the later division bench judgment of Committee of Management, Arya Kanya Inter College, Bulandshahar and another Vs. Deputy Director of Education and others as followed in another unreported decision of 18th September, 2003 in Writ Petition No. 14041 of 2003 has been clearly noticed in the later division bench judgment of Committee of Management, Arya Kanya Inter College, Bulandshahar and another Vs. State of U.P. and others, 2009 (1) ESC 371, whereafter the law has been clarified and he has placed heavy reliance on paragraph 30 of the said decision. He contends that the matter has been finally settled by this Court and therefore merely because some reference has been made expressing a doubt, the referring order will not be binding and it is the later division bench which will prevail. He contends that in the aforesaid circumstances, the impugned order dated 12.9.2012 and the earlier communication dated 16.1.2012 which has been placed on record reflects the correct position of law. 6. Learned Standing Counsel has also supported the impugned order and has urged that the tenure of the petitioner committee has come to an end, and according to Clause 8 of the then existing unamended Scheme of Administration, it is the Authorized Controller who will hold the elections after the expiry of the term. 7. Sri Ojha has urged that so far as the applicability of the new Scheme is concerned if the argument of the other side is accepted then by virtue of the order dated 30.12.2011 the erstwhile Scheme of Administration has ceased to operate and therefore the Authorized Controller cannot be appointed. He therefore contends that even if the tenure of the earlier Committee is treated to have expired, the elections have to be held, and it is the petitioner Committee which is entitled to hold the elections. An Authorized Controller cannot be appointed as the old Scheme is inoperative and the new Scheme has no provision for appointing an Authoritized Controller. 8. Sri Ojha submits that under the new scheme, provisions have been made for sending an observer by the District Inspector of Schools. 9. Sri Saxena contends that the new scheme therefore cannot be implemented as the earlier Committee has already outlived its tenure and in such a situation the elections should be held by an independent person. 10. 8. Sri Ojha submits that under the new scheme, provisions have been made for sending an observer by the District Inspector of Schools. 9. Sri Saxena contends that the new scheme therefore cannot be implemented as the earlier Committee has already outlived its tenure and in such a situation the elections should be held by an independent person. 10. Having heard learned counsel for the parties and having considered the submissions raised, in my opinion, even if a learned Single Judge of this Court has made a reference, expressing a doubt about some conflict between the two division benches, the same would not take away the impact of the judgment in the case of Committee of Management, Arya Kanya Inter College, Bulandshahar and others Vs. State of U.P. and others reported in 2009 (1) ESC 371 where paragraph 30 of the said decision categorically lays down the law that in any event the tenure has to be treated as defined in the existing Scheme of Administration under which the elections were held. 11. In the aforesaid circumstances, I am bound by the said Division Bench judgment and therefore the contention raised by Sri Ojha for quashing the order dated 16.9.2012 has to be rejected. The Scheme of Administration having been amended after the previous elections, the tenure of the erstwhile committee therefore comes to an end on the expiry of three years and one month. 12. The question now is how to hold fresh elections as the new Scheme of Administration does not provide for appointment of an Authorized Controller, and the earlier Scheme of Administration has ceased to exist as per order of the Joint Director of Education dated 30.12.2011. 13. In this peculiar circumstance, the only option left is that the District Inspector of Schools shall appoint an Election Officer as well as an observer both, who shall be two different persons. The Election Officer shall conduct the elections of the Committee of Management only in accordance with the provisions of the Scheme of Administration as applicable. The Election Officer shall announce the election programme and shall make a request to the District Inspector of Schools for sending an observer. These two officers shall get the elections held within a period of two months from the date of presentation of a certified copy of this order before the District Inspection of Schools. The Election Officer shall announce the election programme and shall make a request to the District Inspector of Schools for sending an observer. These two officers shall get the elections held within a period of two months from the date of presentation of a certified copy of this order before the District Inspection of Schools. The elections shall in no circumstance be put in abeyance or forestalled or adjourned in order to avoid any situation of a vacuum in institution. The District Inspector of Schools will therefore strictly abide by this order and get the elections held accordingly. 14. The writ petition is disposed of. _____________