- (1.) It appears that Km. Sunaina Devi was a regular student of High School studying in Mahatma Jotir Rao Phule Vidya Ashram Higher Secondary School, Kara Dham, Tehsil Sirathu, District Kaushambi (hereinafter also referred to as the "institution in question") The said Km. Sunaina Devi was allotted centre for the High School Examination, which was other than the institution in question. Thereupon, one Pooran Lal Sonkar, claiming himself to be father and guardian of Km. Sunaina Devi, filed a Writ Petition being Civil Misc. Writ Petition No. 9456 of 2007. It is not disputed that the said Km. Sunaina Devi appeared in the High School examination from the centre allotted to her and passed the examination.
(2.) The present Special Appeal has been filed against the order dated 23.3.2007 passed by the learned Single Judge in the said Writ Petition. In paragraph 5 of the affidavit accompanying the Stay Application filed with the Appeal, the said Pooran Lal Sonkar, appellant in the present Special Appeal, has stated as under: 5. That the writ petition was preferred by imposter Pooran Lal Sonkar claiming himself father and guardian of Km. Sunaina Devi (Roll No. 1742890) regular student of High School Mahatma Jotir Rao Phule Vidya Ashram Higher Secondary School, Kara Dham, Tehsil Sirathu, District Kaushambi and the affidavit filed in support of writ petition, the identity of imposter is as: 'Affidavit of Pooran Lal Sonkar, aged about 52 years, S/o Sri RC Sonkar Rio Village and Post Office Chhota Teela, Kara Dham, Tehsil Sirathu, District Kaushambi' and Civil Misc. Stay Application No. 67562/07 under Section 151 C.P.C. supported by affidavit dated 13.3.2007 filed by deponent, indicating therein that he has not filed the writ petition rather some imposter in the name of deponent has filed the writ petition and hence deponent prayed to accept the affidavit dated 13.3.2007 and prayed Hon'ble Court to take judicial notice of the matter and to initiate suitable action against the persons involved in the forgery.
(3.) Thus, the case of the appellant is aforesaid writ Petition was filed by an claiming himself to be Pooran Lal Sonkar.;