Ashok Parihar, J. - (1.) Since on similar set of facts rival claims have been made in both the writ petitions, the same have been heard together and are being disposed of by this common order.
(2.) The matter appears to have a checkered history. The petitioner Dr. Santosh Sharma while working as Associate Professor was promoted to the post of Professor under Career Advancement Scheme vide order dated 17.11.2001. On the basis of her promotion to the post of Professor, Dr. Santosh Sharma was also made Head of the Department in the subject of History. Since many representations and complaints were received by the authorities in regard to promotion of Dr. Santosh Sharma on the post of Professor, the Chancellor of the respondent-University appointed a committee of Mr. Anil Vaish to enquire into the matter vide order 22.5.2002 under Section 10 (3) of the University of Rajasthan Act, 1946. Mr. Anil Vaish after making his enquiry submitted the report on 29.6.2002. The conclusions arrived at by the above committee are reproduced here as under : "(i) the entire process of promotions adopted by the University suffered from lapses, the impact of some of which could vitiate the proceedings; (ii) the process of promotion of Dr. Santosh Sharma to the post of Professor in the History Department contained serious irregularities; and (iii) charges contained in the complaint dated 3.4.2002 submitted to HE the Chancellor were by and large substantiated, prima facie, though some of these allegations required further investigation by competent agency, before they could be considered to have been established beyond doubt."
(3.) It seems that in view of the report submitted by Mr. Anil Vaish, the matter was placed before the Syndicate. While accepting the report of Mr. Anil Vaish the Syndicate passed the following resolution on 5.9.2002:- "1. Resolved to accept the Vaish Committee "Report of Enquiry into irregularities in the Promotion of Dr. Santosh Sharma, Associate Professor (History) University of Rajasthan to the post of Professor (History) under CAS, June 2002." 2. Further resolved in view of grave charges contained in the report Dr. Santosh Sharma be placed under suspension immediately. 3. Further resolved that disciplinary action be initiated against Dr. Santosh Sharma for grave professional misconduct as pointed out in the enquiry report, for; (1) Misrepresentation before the Selection Committee on facts pertaining to academic material claimed to have been published by her; (2) Presentation of plagiarized material as original research in articles and books claimed to have been authored by her; (3) Interpolation in earlier issues of Journal of Rajasthan Institute of Historical Research of articles authored by her, and representation of these issues as recent volumes published under her co- editorship. 4. Further resolved that this matter be referred to the Anti Corruption Bureau (RSBI) for further investigation in the matter of promotion in the Department of History in the following matters : (1) Reconstruction of earlier issues of Journal of Rajasthan Institute of Historical Research by altering cover and contents pages and addition of her own articles. (2) Presentation of plagiarized material as original research. This reference of ACD would be made within 15 days. 5. Further resolved that regarding procedures of selection, a Syndicate Committee is hereby constituted to suggest guidelines for further improvement for future selections under CAS. The Committee would comprise the following persons : Prof L.K. Pareek Convener. Dr. B.D. Rawat Member. Dr. M.S. Maheshwari Member. Dy. Registrar (Esst.I) Secretary. The Committee would submit its report to the Syndicate within 60 days." ;