Puja Khedkar Challenges UPSC's Authority to Disqualify Her: Files Response in Delhi High Court
Puja Khedkar Challenges UPSC’s Authority to Disqualify Her: Files Response in Delhi High Court
New Delhi, August 28, 2024 — In a significant legal development, Puja Khedkar, an IAS officer under probation, has firmly contested the Union Public Service Commission’s (UPSC) authority to disqualify her from service. In her response filed before the Delhi High Court, Khedkar argued that the UPSC’s power to disqualify a candidate ceases once the candidate has been selected and appointed as a probationer.
The controversy erupted when the UPSC, following an internal inquiry, raised allegations of fraud against Khedkar, accusing her of misrepresentation during the selection process. The Commission sought to disqualify her candidacy retroactively, prompting Khedkar to seek legal recourse.
Khedkar’s Legal Argument
In her submission, Khedkar’s counsel argued that the UPSC’s jurisdiction is limited to the selection process. “Once a candidate is selected, appointed, and commences probation, the UPSC no longer has the authority to revoke their appointment,” stated her legal team. They further contended that any disciplinary action against a probationer falls under the purview of the concerned department or the Central Government, not the UPSC.
Khedkar’s response emphasized that the allegations of fraud were baseless and motivated by ulterior motives. She asserted that she had fully complied with all requirements during the UPSC examination process and that any attempt to disqualify her now would be unlawful and a violation of her rights.
The UPSC’s Stance
The UPSC, in its notice to Khedkar, cited “grave discrepancies” in her application and the selection process. The Commission maintained that it has the right to disqualify candidates even after appointment if they are found to have engaged in fraudulent activities or provided false information. The UPSC’s legal representatives argued that allowing such candidates to continue in service would undermine the integrity of the civil services.
Court Proceedings and Next Steps
The Delhi High Court, hearing the arguments from both sides, has yet to make a ruling. The Court has directed the UPSC to submit detailed evidence supporting their allegations against Khedkar. The case has attracted considerable attention, given its implications for the authority of the UPSC and the legal rights of selected candidates.
Legal experts have noted that this case could set a precedent regarding the limits of the UPSC’s powers and the protections available to candidates after their appointment. The next hearing is scheduled for mid-September, where the Court is expected to consider the submitted evidence and arguments in greater detail.
Public and Political Reactions
The case has sparked a debate among civil service aspirants and political commentators. Some have expressed concern that the UPSC’s actions could create uncertainty for those who have cleared the rigorous selection process, while others believe that stringent checks are necessary to maintain the integrity of the civil services.
The outcome of this case could have far-reaching consequences, not only for Khedkar but also for the broader civil services community. As the legal battle unfolds, it remains to be seen how the Delhi High Court will balance the competing interests of maintaining service integrity and protecting individual rights.
Conclusion