Can't avail separate UPSC exam attempts as 'able' and 'disabled' candidate: SC to Puja Khedkar

New Delhi: The Supreme Court on Tuesday told former IAS probationer Puja Khedkar -- who's accused of cheating and wrongly availing OBC and disability quota benefits in the civil services examination -- that she cannot avail separate attempts to clear the test as an "able candidate" and an "disabled candidate".

A bench of justices B V Nagarathna and Satish Chandra Sharma posted the plea of Khedkar for further hearing on April 15 after her counsel sought time to file response to an affidavit of Delhi government.

The top court also extended the protection from arrest granted to Khedkar on January 15 till April 15.

Additional Solicitor General (ASG) S V Raju, appearing for the Delhi government, said they need custodial interrogation of Khedkar to ascertain the identity of the middlemen involved in the alleged scam of preparing fake disability certificates for UPSC aspirants.

Advocate Bina Madhavan, appearing for Khedkar, said they have written to the probe agency about her willingness to cooperate in the investigation.

Justice Sharma told Raju, "If you want to ascertain the identities of the middlemen, she is willing to cooperate in the investigation." Raju submitted, "We want to take her into custody otherwise she will not disclose the identities of the middlemen involved. This is a scam." The ASG said Khedkar was allowed nine attempts to clear the Union Public Service Commission (UPSC) exam in the regular course, but by preparing a fake disability certificate, she took additional attempts for the test.

He added that Khedkar had been appearing for UPSC exams since 2012 and then she got a fake disability certificate to take some additional chances to crack the test.

Refuting Raju's submission, Madhavan said the disability certificate was not a standalone and that Khedkar had to appear before an AIIMS medical board that confirmed her disability.

"There was no fraud as alleged. I got the disability certificate in 2018 and my attempts to clear the UPSC exam as a disabled candidate are not exhausted," Khedkar's counsel submitted.

The bench told her, "It cannot be the case that you can avail separate attempts as an able candidate and as a disabled candidate." Madhavan submitted that she can place on record materials which can substantiate her claim.

Raju contended that not only her disability certificate was fake, her details in the forms were also incorrect and misleading, as she urged the court to give an early date for hearing the matter.

The bench said it will take up the matter on April 15.

On January 15, the top court gave Khedkar protection from arrest and sought the response of the Delhi government and the UPSC on her plea seeking anticipatory bail.

Her counsel had earlier argued that the Delhi High Court made strong observations against Khedkar while dismissing her anticipatory bail plea.

Khedkar is accused of misrepresenting information in her application for the 2022 UPSC civil services examination for availing reservation benefits.

She had refuted all the allegations against her.

While dismissing her anticipatory bail plea, the high court found a strong prima facie case against Khedkar and said an investigation was needed to unearth the "larger conspiracy" to manipulate the system, and allowing reprieve would adversely impact it.

"Anticipatory bail plea is dismissed. Interim protection from arrest is vacated," the high court said in its order dated December 23, last year.

Khedkar was granted interim protection from arrest when the high court issued a notice on her anticipatory bail plea on August 12, 2024, which was extended from time to time.

The high court observed that the UPSC examination was the most prestigious test and the case was a classic instance of fraud committed against a constitutional body and the society.

The anticipatory bail plea was opposed by the Delhi Police counsel and the complainant, the UPSC, in the high court.

Khedkar's counsel argued that she was willing to join and cooperate in the investigation and as all the materials were documentary in nature, her custody was not required, whereas Delhi Police insisted on her custodial interrogation to unearth the involvement of others.

The UPSC opposed the plea and said Khedkar committed a fraud against it and the public, and her custodial interrogation was necessary to unearth the "magnitude" of the fraud, which couldn't have been done without the help of others.

The commission initiated a series of actions against Khedkar, including lodging of a criminal case, for availing attempts in the civil services exam by faking her identity, while Delhi Police lodged an FIR against her for various offences.