New Delhi: The Supreme Court on Wednesday granted interim protection from arrest till February 14 to former IAS probationer Puja Khedkar, accused of cheating and wrongly availing OBC and disability quota benefits in the civil services examination.
The matter came up before a bench comprising Justices B V Nagarathna and Satish Chandra Sharma. The bench sought a response from the Delhi government and the Union Public Service Commission (UPSC) on Khedkar’s petition challenging the Delhi High Court's order rejecting her plea for anticipatory bail in the FIR lodged on a complaint by the UPSC.
"Issue notice returnable on February 14, 2025. Till next date of hearing, no coercive steps to be taken against petitioner," said the bench.
During the hearing, senior advocate Sidharth Luthra, representing Khedkar, submitted that the High Court’s order virtually indicted her. Luthra contended that the High Court made very strong observations on the merits of the matter, which might lead to her conviction, and also pointed out that she has already been terminated. Luthra said she is out of a job and pursuing her legal remedy.
Khedkar’s plea said that she belongs to Vanjari Community, which is Other Backward Class and the petitioner has a OBC caste certificate issued from Sub-Divisional Officer, Pathravi, District Ahmednagar.
"That from the year 2012 to 2017, the petitioner took five attempts in CSE as an OBC candidate. That in 2018, with coming into effect of the Rights of Person’s with Disability Act, 2016 the petitioner became eligible to appear as PwBD candidate under categories (a) and (d) of Sec 34 (1) of the Rights Person of Disability Act 2016 and as such appeared in CSE since the year 2018 as PwBD candidate," said the plea.
The plea contended that the High Court’s December 23, 2024 order was erroneous for ignoring the facts of the matter. The plea contended that her selection was done after due clearance.
An FIR was lodged by the UPSC with the Delhi police crime branch on July 19 following a number of complaints, alleging she had fraudulently claimed herself as OBC (non-creamy layer) candidate and also claimed herself to be persons with benchmark disabilities. She was recommended as PwBD candidate in 2022 and was assigned Maharashtra cadre.
The High Court had observed that apart from owning luxury cars and various properties, the family of the petitioner i.e., the father and mother have held high positions in the executive.
The UPSC on July 31, 2024, cancelled her provisional candidature from CSE-2022 and permanently debarred her from any future UPSC examinations.
"The Hon’ble Court ought to have exercised its power under section 482(2) of BNSS empowers the Hon’ble High Court to grant conditional pre-arrest bail, moreover the petitioner does not have any criminal antecedent, and she is an unmarried woman and a person with benchmark disability who was appointed post physical verification into the All India Services and this entitled her to protection under the All India Services Act and Rules there under and is entitled to further protection under Rights of Persons with Disabilities Act until proved otherwise," said Khedkar’s plea in the top court.
