Former Indian Administrative Service (IAS) probationer Puja Khedkar has contested her disqualification, arguing that the Union Public Service Commission (UPSC) lacks the authority to take action against her.
Khedkar had moved the Delhi High Court to challenge the UPSC's decision to cancel her candidature while also seeking anticipatory bail in the related criminal case against her.
Notably, the civil service body revoked Puja's provisional candidature and debarred her from all future examinations following allegations of cheating and misuse of OBC and disability quota benefits.
Now in an affidavit filed before the HC, Khedkar challenged the decision, arguing that the UPSC lacked the authority to disqualify her candidature after she had already been selected and appointed as a probationer.
She also argued in her plea that only the Department of Personnel and Training (DoPT) of the Central Government can take action against her.
"DoPT alone can take action under the All India Services Act, 1954, and the Probationer Rules as per Rule 19 of the CSE 2022 Rules," Khedkar stated in her plea, according to an India Today report.
Khedkar’s legal troubles began when accusations surfaced that she had manipulated her identity and credentials to gain extra attempts to clear the highly competitive civil services examination. She is accused of fraudulently claiming benefits under reservations designated for OBCs and persons with benchmark disabilities.
The UPSC has claimed that Puja attempted the qualifying exams more than the six times allowed for a general category candidate. According to the Commission, she achieved this by altering her name and the names of her parents, which led to the violation going undetected.
In her response before the court, Khedkar claimed that she did not manipulate or misrepresent her name to the UPSC.
"There has been no change in the applicant’s first name and surname, from 2012 to 2022, as consistently reflected in all DAFs. UPSC has verified her identity through biometric data (cy and fingerprints) collected during the personality tests of 2019, 2021, and 2022, and all the documents were verified by the Commission during the personality test on May 26, 2022," she said in her response to the court.
"All the necessary verifications were also done by DoPT. As per DoPT, a medical board constituted by AIIMS conducted my medical examination. The board found my disability to be up to 47% and more than the 40% disability required for the PwBD (Person with Benchmark Disability) category," she said in her reply, according to NDTV.
According to an India Today report, Puja had allegedly secured a visually impaired certificate from Ahmednagar district hospital in 2019 and a combined certificate of visual impairment and mental illness in 2021.
The report alleged that she had applied for a locomotor disability certificate at Yashwantrao Chavan Memorial Hospital, in Pimpri, in 2022, citing a 7% locomotor disability due to an old ACL tear, using a fake ration card and incorrect address. It added that Khedkar had allegedly used the certificate to apply for benefits under the "Person With Benchmark Disability" category for the civil services exam.
Notably, the Delhi High Court earlier issued notices to the Delhi Police and the UPSC in response to Khedkar’s anticipatory bail application, following the dismissal of her plea by the Patiala House Court.
In its earlier ruling, the trial court denied Khedkar’s bail, citing the seriousness of the allegations. The court noted that Khedkar’s actions suggested a pre-planned conspiracy, possibly involving insiders or others, to circumvent the UPSC’s scrutiny system.
The trial court’s findings raised concerns about the transparency and fairness of the UPSC’s procedures, suggesting that Khedkar’s case might be just the "tip of the iceberg."
