UPSC Undertakes Before Delhi High Court To Provide To Puja Khedkar Copy Of Order Cancelling Her IAS Candidature In 2 Days

The Union Public Service Commission (UPSC) informed the Delhi High Court on Wednesday that it will communicate to former probationer IAS officer Puja Khedkar within two days the official order cancelling her candidature.

Justice Jyoti Singh was dealing with Khedkar's plea challenging cancellation of her candidature. She impugned the press release issued by the UPSC, contending that the official order has not been served upon her by the Commission.

Khedkar is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission (UPSC) Civil Services Examination, 2022.

On July 31, the UPSC cancelled her candidature and debarred her permanently from all the future examinations and selections of the Commission. As per UPSC, she was found “guilty of acting in contravention of the provisions of the Civil Services Examination-2022 Rules”.

At the outset, the court asked Senior Advocate Indira Jaising appearing for Khedkar as to why the action has not been challenged before the Central Administrative Tribunal.

Jaising reasoned that since Khedkar was not served with the official order by UPSC, the plea was moved before the High Court impugning the press release.

She said that Khedkar could not have informed about cancellation of her candidature via press release after she was appointed as an IAS.

Jaising further said Khedkar was stuck with doubled penalty imposed on her ex parte for which she did not have an official order.

Senior Advocate Naresh Kaushik appearing for UPSC submitted that the necessity to issue the press release was because the whereabouts of Khedkar were not known.

Jaising, on instructions, then stated that the plea would be withdrawn if liberty was granted to her to approach the appropriate forum in accordance with law but the order of cancellation of her candidature has not been communicated to her toll date.

Kaushik submitted that the order will be communicated to Khedkar within two days on her email id as well as her last known address.

“The petition is disposed of granting liberty to the petitioner to approach the appropriate forum in accordance with law. It is made clear that this court has neither entered into nor expressed any opinion on the merits of the case and the filing of the present petition will not come in the way of the appropriate forum in adjudicating the issue on merits,” the court said.

On August 01, Khedkar was denied anticipatory bail by the trial court which directed the investigating agency to widen its scope of investigation in the case and to conduct its probe in all fairness.

The trial court had further directed the probe agency to find out the candidates recommended in the past who have availed the benefits beyond permissible limits and those who obtained benefits under OBC category or under persons with benchmark disabilities without being entitled of the same.

Khedkar joined the Pune Collectorate as part of her probationary training in June. The allegation against her is that she “misused” quotas under Other Backward Classes (OBC) and Persons With Benchmark Disabilities (PwBD) to clear the CSE.

An FIR was registered against Khedkar by UPSC in the matter. A show cause notice was also issued to her on cancellation of her selection. She has also been barred from future examinations.

As per a public statement given by UPSC, a detailed and thorough investigation into the “misdemeanour” of Khedkar, revealed that she “fraudulently availed attempts beyond the permissible limit” under the Examination Rules by “faking her identity” by changing her name.

The statement also said that Khedkar changed the names of her father and mother as well as her photograph, signature, email address, mobile number and address. 

Title: Puja Khedkar v. UPSC & Ors.

Citation: 2024 LiveLaw (Del) 881