Puja Khedkar's fraud not only against UPSC but also public, Delhi High Court told

New Delhi: The UPSC on Wednesday opposed in the Delhi High Court an anticipatory bail plea by former IAS probationer Puja Khedkar, accused of cheating and wrongly availing OBC and disability quota benefits, and said she committed a fraud against the commission and the public.

The Delhi Police also sought dismissal of the pre-arrest bail plea on the ground that any relief to her would hinder its probe into the "deep rooted conspiracy" and that the case has wider implications on public trust as well as the integrity of the civil services examination.

Justice Subramonium Prasad listed the matter for hearing on August 29, and extended the interim protection from arrest granted to Khedkar in the meantime.

In its reply filed in court, the Union Public Service Commission (UPSC) said Khedkar’s custodial interrogation was necessary to unearth the magnitude of the “fraud” that could not have been done without the help of other individuals. Therefore, her pre-arrest bail plea should be dismissed, it said.

"The gravity of the fraud committed is unprecedented in nature having been committed against not only a constitutional body -- the complainant -- whose traditions are untrammelled and unparalleled but also against the public at large, including the citizens of this country who have utmost faith upon the credibility of the UPSC as well as persons who could not be appointed despite being duly eligible and qualified due to illegal means employed by the applicant to seek appointment," the reply filed through advocate Vardhman Kaushik said.

The court granted time to Khedkar to respond to the stand of the UPSC as well as the Delhi Police.

Khedkar allegedly misrepresented information in her application for the UPSC Civil Services Examination-2022 to get reservation benefits.

The Delhi Police, in its status report, asserted that investigation has revealed that she was not entitled to benefits as an "OBC+Non-Creamy Layer" candidate but she hatched a conspiracy with other persons to get that benefit by showing that her parents are divorced.

The circumstances, however, suggest that Khedkar's parents were living together, and that she made a false declaration with respect to her previous number of attempts while writing the Civil Services Examination (CSE)-2021 under a changed name, the agency said.

"She had already exhausted all the permissible attempts available to a PwBD (Persons with Benchmark Disabilities)+OBC candidate, i.e. 9 attempts by CSE-2020 itself. Therefore, as per CSE Rules, she was not eligible to appear further for CSE-2021 and subsequent CSEs," police said in its status report..

"However, despite exhausting all the permissible attempts she appeared in CSE-2021, CSE- 2022 and CSP-2023 by intentionally changing her name and making incorrect or false statements regarding the number of attempts already availed and suppressing material information which she was duty bound to furnish true and correct," the report stated.

The report stated that while Khedkar claimed no connection with her father and showed her mother's income as being below the threshold to get the benefit of "OBC+Non-Creamy Layer" candidate, her family owns 12 vehicles, including a Mercedes car, BMW car and a Thar SUV.

It stated the family owns "23 pieces of immovable properties valued crores of rupees" in different locations in Maharashtra.

The Delhi Police informed that there are some ongoing inquiries, such as verifying the authenticity of her disability certificates and educational claims. If granted anticipatory bail, she may obstruct this process, create a "consistent narrative" with those involved, "cover up their tracks" and manipulate evidence, they said.

"Petitioner alone could not have managed to make such manipulations. There is certainly a deep-rooted conspiracy which is required to be unearthed. It is a matter of investigation to find as to who all and how many persons are involved in such a big fraud where manipulation of details has been done with a premier institute like UPSC," it said.

"There are serious charges involving deception and fraud against the petitioner.. The case has wider implications on public trust, and it directly impacts the fairness and integrity of the entire examination and selection process," the police said.

The UPSC, in its response, also said if Khedkar is granted anticipatory bail, it would impede the investigation which is at a "crucial stage" and also "embolden the spirit" of individuals who intend to play foul and abuse the law.

It said there was a need to safeguard the constitutional body tasked with the responsibility of the "glorious tradition" of recruitment to India's most premier service.

"The fact that the accused is at an advantageous position to be in cahoots with other individuals even before her selection as a Civil Service Officer, speaks volumes about the kind of influence she has and been able to yield even without being a part of the system," UPSC's reply stated.

Earlier this month, the court had granted Khedkar interim protection from arrest.

Last month, the UPSC had initiated a series of actions against Khedkar, including registration of criminal case against her for availing attempts in the civil services exam by faking identity.

The Delhi Police has registered an FIR under provisions of the Indian Penal Code, Information Technology Act and Right of Persons with Disability Act.

On July 31, the UPSC cancelled Khedkar's candidature and debarred her from future exams.