'Her conduct solely driven with motive to dupe UPSC': Delhi High Court denies anticipatory bail to Puja Khedkar

Khedkar is accused of misrepresenting information in her application for the UPSC Civil Services Examination, 2022, to get reservation benefits.

New Delhi: The Delhi High Court on Monday dismissed a plea by former IAS trainee Puja Khedkar accused of cheating and fraudulently availing benefits under the OBC quota to clear the Union Public Service Commission (UPSC) exams.

A bench of Justice Chandra Dhari Singh also vacated the interim stay granted in her favour, saying this court is prima facie satisfied that a strong case is made out against her.

The court felt her conduct is part of a larger conspiracy which can only be revealed if the investigative agency is given the due opportunity to apprehend her and investigate the case without there being any chance to hamper the witnesses and the evidence.

"In the instant case, it is prima facie established that the conduct of the petitioner has been solely driven with the motive to dupe the complainant UPSC and all the documents allegedly forged by her were done in order to reap benefits out of schemes introduced for the disadvantageous groups in the society," the bench said.

The bench noted that it is a known fact that lakhs of students or aspirants prepare for the said exam and put in a number of years in order to succeed.

"The fraudulent tactics adopted by the petitioner not only demoralises the well deserving candidates but also raises questions about the authenticity of the exam conducting agency and is a threat to the backbone of the country," the bench said.

The UPSC has lodged an FIR 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 got assigned Maharashtra cadre.

After going through facts of the matter and hearing the counsel, the bench said, "The present incident is a classic example of fraud committed not only with a constitutional body but the society at large and necessary interrogation is warranted to reveal all the aspects and attributes related to the said fraud committed against the nation."

The court noted the material available on record, prima facie, reveals that the petitioner is not a fit candidate to avail the.benefits meant for the disadvantageous groups and she has been availing the.same by forging the documents prepared in cahoots with unknown individuals in the Government or outside.

"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. Therefore, there is a high possibility that the family members have with the unknown powerful persons in order to get the requisite certificates produced by the petitioner," the bench said.

The court pointed out as per the rules, a candidate belonging to OBC category must show an income below Rs 8 Lakhs and the petitioner herein had mentioned her family income as Rs 6 Lakhs (mother’s income) and had not mentioned anything. about the income of her father as she has claimed to reside with her mother and does not have anything to do with her father, however, the documents submitted by her father makes it clear that the said claim is also untrue and her parents are living together with the petitioner.

"The material placed on record by the State reveals that the petitioner’s family owns 23 pieces of immovable property as well as 12 vehicles registered in their name. The petitioner herself has 3 luxury cars in her BMW, Mercedes and Mahindra Thar) which is not possible with a meager family income of Rs 6,00,000 per annum," the bench said.

On July 31, 2024, the UPSC cancelled the provisional candidature of the applicant from CSE-2022 and permanently debarred her from any future UPSC examinations.

Apprehending her arrest in the FIR, she approached the District and Sessions Judge, Patiala House seeking anticipatory bail, which was dismissed on August 8, 2024.