S.J. Mukhopadbaya, J.

1. The petitioner initially preferred the writ petition against the letter No. 00256 dated 5th March, 2001, whereby and whereunder the Respondent No. 2, Shri Samresh Singh, Minister Incharge Science and Technology Department, Government of Jharkhand, Ranchi in the capacity of Chairman, Board of Governors of Regional Institute of Technology, Jamshedpur (R.I.T. for short), directed the petitioner to proceed on extraordinary leave until further orders and asked the Respondent No. 6, Mr. Deepak Kumar, Assistant Engineer and Respondent No. 7. Mr. Sunil Kumar Bhagat. Stores Officer to function as Registrar and Deputy Registrar, Accounts.

2. Further prayer was made for declaration that the Respondent No. 2. Shri Samresh Singh, Minister, Science and Technology Department, Government of Jharkhand. Ranchi is not the Chairman of the Board of Governors of R.I.T.. Jamshedpur in view of specific provisions of the Memorandum of Association and Bye-laws/Rules of R.I.T., Jamshedpur, a society registered under the Societies Registration Act.

3. During the pendency of the writ petition, the petitioner who was functioning as Registrar, R.I.T., Jamshedpur, was suspended by the order of Respondent No. 2, as Chairman of the Board of Governors, vide order No. 117/2001 dated 7th April, 2001 for certain acts of omission and commission. The petitioner has challenged the order of suspension aforesaid dated 7th April, 2001 by filing a petition for amendment of prayer.

A second amendment application has also been filed by petitioner enclosing the Notification dated 9th January, 2001 issued by the State of Jharkhand appointing Respondent No. 2, Shri Samresh Singh, as the Chairman of R.I.T., Jamshedpur and has also challenged the said Notification.

4. The main issues require to be determined in the present case are :

(a) Whether the "State Government" as stipulated under Rule 2.1 and 6.1 of the R.I.T., Jamshedpur - Societies Rules (Rules for short) means and includes the "State Government of Jharkhand" since Reorganisation of State on and from the appointed day i.e. 15th November, 2000 or not: and,

(b) Whether the "State Government of Jharkhand" has Jurisdiction to appoint Chairman of the Board of Governors of R.I.T.. Jamshedpur or not.

5. For determination of issues, it is necessary to look into the relevant facts, as admitted by parties and mentioned hereunder.

The R.I.T., Jamshedpur was constituted as a Society under the Societies Registration Act (Act XXI of 1860) at Jamshedpur on 18th March, 1960 to carry on the administration and management of RI.T. (hereinafter called the Institute) mainly to conduct courses of studies and training in different branches of Engineering and Technology etc;

Under Article 3(ii) of Memorandum of Association of the Institute, it empowered the management of Institute to make rules and bye-laws for the conduct of the affairs of the society and to add to, amend, vary or rescind them from time to time with the approval of the Government of Bihar and the Central Government.

Dr. Shrikrishna Sinha, the then Chief Minister of Bihar was appointed as the Chairman by the "Government of Bihar" with the approval of the Central Government and other members of the governing body were nominees of Government of Bihar; Representatives of Central Government; All India Council of Technical Education (A.I.C.T.E. for short); University of Bihar; Non-official representatives of States of Assam. West Bengal, Orissa. Bihar and the Principal of the Institute.

For subsequent Board of Governors, the composition was stipulated under Rule 6 of R.I.T., Jamshedpur Society Rules.

6. The petitioner was appointed as Registrar. R.I.T., Jamshedpur to which post he joined on 23rd October. 1999 and was functioning accordingly. On Reorganisation of State in pursuance of Bihar Reorganisation Act. 2000 (Reorganisation Act, 2000 for short), the Institute at Jamshedpur fell within the territory of the State of Jharkhand.

After reorganisation and creat