Top court seeks Khedkar’s reply on charges of quota misuse
The Supreme Court questioned Puja Khedkar on her multiple civil service exam attempts, stating disabled candidates can't have extra chances after exhausting limits.
NEW DELHI The Supreme Court told former IAS probationary officer Puja Khedkar on Tuesday to justify taking multiple attempts to appear in the civil services examination (CSE), observing that an individual who has exhausted all chances as an able-bodied person cannot be entitled to separate attempts as a disabled candidate.
Giving her time till April 15 to respond to the charges by the Delhi police accusing her of being part of a larger scam, a bench headed by justice BV Nagarathna said, “You cannot have separate attempts for abled and separate attempts for disabled candidates. You have to justify your position.”
The observation came as Khedkar maintained that as a disability candidate, she still had attempts left. The court was hearing the anticipatory bail plea of Khedkar on which a notice was issued on January 15 this year along with an order protecting her from arrest or any coercive action by the police. Till the next date of hearing, the court extended the order granting her protection. In the meantime, the bench told the police to take up the investigation steadfastly. It questioned the police for not calling Khedkar for interrogation despite her willingness to join the probe.
Additional solicitor general (ASG) SV Raju appearing for the police informed the bench that based on the investigation conducted so far, there are other persons involved who helped Khedkar avail multiple attempts by forging medical certificates.
“There is a bigger scam and the truth can come out only during custodial interrogation,” Raju said.
The bench, also comprising justice SC Sharma, said, “She is not a kingpin issuing certificates or aiding people to get multiple attempts to appear in CSE. Ultimately, if truth is to come out, what is the difference in having custodial interrogation and not regular interrogation. What is the scam in this? Is there a pattern in relation to the certificates she has procured?”
On Monday, the Delhi police filed an affidavit in the top court giving reasons for opposing the anticipatory bail plea.
“It appears from the investigation conducted till now that there are other individuals also involved in the fraud. The petitioner could coordinate with them to create a consistent narrative, cover up their tracks, or manipulate remaining evidence, etc. This would significantly hinder the investigating officer’s ability to uncover the complete scope of the fraud,” it said.
It further added that the custodial interrogation is essential to unearth the whole conspiracy as there is “certainly a deep-rooted conspiracy” required to be unearthed. “It is a matter of investigation to find some more people/persons, who are suspected to be involved in such a big fraud, where manipulation of details has been done with a premier and reputed Central government institution like UPSC,” the police said.
The ASG said, “This is a case attracting IPC section 467 (forgery of a valuable document) punishable with life imprisonment,” as he showed how two disability certificates were issued by the same hospital in Maharashtra on January 18, 2021 with one indicating 40% lower vision disability and the other showing her to have hearing impairment in the right eye along with locomotor disability, besides low vision.
Since 2012, Khedkar appeared in CSE as a backward class candidate but it was in 2018 she became entitled for appearing under disability category on account of 40% low vision. She had exhausted her nine permissible attempts in 2020, but she continued to appear in later years under a changed name, the police alleged. In 2022, she got selected under the disability quota.
As the court questioned Khedkar if she had a disability certificate in her school days, her lawyer Bina Madhavan said, “This disability happened over a period of time.” She refuted the charges of the police by adding that merely having a disability certificate is not enough as she had to appear before a medical board comprising reputed doctors from AIIMS to qualify under the disability quota. She further said, “As disabled candidate, I have attempted CSE thrice. I am yet to exhaust all my attempts as disabled.”
Khedkar’s candidature was cancelled by the Union Public Service Commission (UPSC) on July 31 last year on account of suppression of information.
