UPSC cheating case: Supreme Court grants interim protection to Pooja Khedkar

New Delhi: The Supreme Court on Wednesday granted interim protection to sacked IAS trainee Pooja Khedkar from any coercive action in a case related to cheating and fraudulently availing benefits under the OBC quota to clear the Union Public Service Commission (UPSC) exams.

A bench of Justices B V Nagarathna and Satish Chandra Sharma sought a response from the State of NCT Delhi and UPSC on her petition challenging the Delhi High Court's order rejecting her plea for anticipatory bail in the FIR lodged on a complaint by the UPSC.

Senior advocate Sidharth Luthra, appearing for Khedkar contended the petitioner has been in protection but the High Court's order virtually indicted her. The High Court made very strong observations on merits of the matter, which might lead to her conviction, he said.

He also submitted that the petitioner has already been terminated. "She is out of job and pursuing her legal remedy," Luthra said.

The court, after issuing notice, scheduled the matter for consideration on February 14.

"Till the next date, no coercive step should be taken against the petitioner," bench ordered.

In her plea, she claimed the High Court's December 23, 2024 order was erroneous for ignoring the facts of the matter. She claimed her selection was done after due clearance.

Refusing any relief to her, the High Court said it was prima facie satisfied that a strong case was made out against her.

It had felt her conduct was a 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.

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.

"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 High Court had observed.

It had noted 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.

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, it had said.

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

Earlier, a Delhi court had dismissed her plea for anticipatory bail on August 8, 2024.