“Puja Khedkar Was Not Eligible for OBC and Non-Creamy Layer Reservation Benefits”: Says Delhi Police as HC Extends Interim Protection Until August 29

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Today, On 21st August, The Delhi High Court extended interim protection for suspended trainee IAS officer Pooja Khedkar until August 29. In a status report submitted to the court, Delhi Police revealed that Khedkar did not belong to the OBC category, as previously claimed, and suggested that more individuals might be involved in the fake identity case.

New Delhi: The Delhi High Court extended the interim protection from arrest for suspended trainee IAS officer Pooja Khedkar until August 29. Khedkar accused of falsifying and misrepresenting information in her application to the Union Public Service Commission (UPSC). The court instructed the investigation agency not to arrest her while the case is under review, as it determined that an immediate arrest is not necessary.

Justice Subramonium Prasad deferred the hearing on Khedkar’s anticipatory bail plea to August 29, 2024, due to the Delhi Police’s failure to file a reply. Senior Advocate Siddharth Luthra, representing Khedkar, also requested additional time to review the UPSC’s response, which opposes her anticipatory bail plea.

Previously, the Delhi High Court issued notices to the Delhi Police and the UPSC regarding Khedkar’s bail plea. The High Court observed that the trial court’s order denying bail lacked substantial discussion, with only a brief mention of the Public Prosecutor‘s claim that others might be involved. The court directed the police not to arrest Khedkar until further proceedings.

According to a status report submitted by Delhi Police to the Delhi High Court,

“Former IAS trainee officer Puja Khedkar was not eligible for OBC and non-creamy layer reservation benefits, and a well-planned conspiracy was orchestrated to assist her in misrepresenting information in her application for the 2022 UPSC Civil Services Examination”

The Delhi Police have opposed the anticipatory bail granted by the High Court to Puja Khedkar, arguing that it could significantly obstruct the ongoing investigation. Khedkar’s interim protection from arrest is set to expire today.

The police stated in their status report,

“The case has broader implications for public trust, directly affecting the fairness and integrity of the entire examination and selection process,”

They expressed concerns that Khedkar could potentially alter or destroy crucial evidence, such as emails, text messages, and physical records, if she is granted protection at this early stage of the investigation.

The Delhi Police have opposed the anticipatory bail granted to Puja Khedkar, arguing that it could allow the former IAS trainee officer to “create a consistent narrative, cover up her tracks, or manipulate remaining evidence.”

In their status report, the police stated,

“This would significantly hinder the investigation’s ability to uncover the complete scope of the fraud.”

They reiterated that the case involves the misuse of reserved category benefits in civil services, which “directly impacts the fairness and integrity of the entire examination and selection process.”

Khedkar is accused of misrepresenting information in her UPSC application to obtain OBC category benefits, leading to the cancellation of her candidature and her debarment from future exams by the UPSC last month. The Delhi Police warned that granting her anticipatory bail could enable her to interfere with the investigation by providing misleading information or pressuring others to alter records or testimony.

The UPSC argued that Khedkar is the “mastermind” behind the alleged fraud and that her actions would not have been possible without assistance from others, making custodial interrogation necessary. Khedkar’s plea follows the dismissal of her previous bail plea by the Patiala House Court, which found the allegations of identity falsification for additional attempts in the civil services examination to be serious and requiring thorough investigation.

The trial court judge emphasized the need for custodial interrogation to uncover the full extent of the conspiracy and the involvement of others. The judge ruled that the case did not merit the exercise of discretionary powers for anticipatory bail. Khedkar faces charges under several sections of the Indian Penal Code (IPC), including 420 (cheating), 468 (forgery for cheating), 471 (using a forged document), 120B (criminal conspiracy), and Section 66D of the IT Act, along with Sections 89 and 91 of the Rights of Persons with Disabilities Act, 2016.

The court noted that Khedkar allegedly misrepresented facts to the UPSC, obtaining documents to support her false claims, and that the conspiracy was carried out over several years with possible assistance from insiders or outsiders. The OBC (non-creamy layer) status and disability claims of Khedkar are also under scrutiny as part of the ongoing investigation.

The court further criticized the UPSC’s standard operating procedures (SOP) for failing to detect the alleged breach and called for a review of past recommendations to identify other candidates who may have similarly exploited the system. The investigation agency has been directed to broaden its scope to identify candidates who have illegally obtained extra attempts, undeserved OBC status, or disability benefits, and to determine if any insiders aided Khedkar in her alleged fraud.

Recently, the Delhi High Court granted Pooja Khedkar the liberty to challenge the cancellation of her candidature through the appropriate legal channels.

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