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A.F.R.

Reserved on 21.07.2026 Delivered on 28.10.2026 HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 3923 of 2026 Principal Guru Govind Singh Sports College Kursi Road Gudamba Lucknow …..Petitioner(s)

Versus U.P. State Public Service Tribunal Lko. Thru. Registrar and 4 others …..Respondent(s)

Counsel for Petitioner(s) : Ashutosh Shahi, C.S.C.

Counsel for Respondent(s) : Shikhar Anand, C.S.C., Jai Kumar Court No. - 5 HON'BLE ALOK MATHUR, J.

HON'BLE AMITABH KUMAR RAI, J.

(Delivered by Hon’ble Amitabh Kumar Rai, J.)

1. Heard Shri Anuj Kudesia, learned Senior Advocate assisted by Shri Ashutosh Shahi, learned counsel for the petitioner, Shri Sanjeev Singh, learned Standing Counsel for the State-respondents Nos.3, 4 and 5 and Shri Shikhar Anand, learned counsel appearing for respondent No.1 as well as Shri Jai Kumar, learned counsel for respondent no.2.

2. The challenge in the present writ petition is to the order dated 04.09.2025 passed in Claim Petition No.281 of 2025 by the U.P. State Public Service Tribunal, Indira Bhawan, Lucknow (hereinafter referred to as “Tribunal”), whereby the preliminary objections raised by the petitioner with regard to the maintainability of the claim petition before the learned Tribunal have been rejected.

3. The brief facts of the case are that the U.P. Sports College Society, Lucknow (hereinafter referred to as “Sports Society”) was registered on 14.03.1975 under the Society Registration Act, 1860 (hereinafter referred to as “Act, 1860”) with the object of establishing sports collages in the State of U.P. for providing education as well as specialised training of a high standard in different sports and games. The collages run by the Sports Society impart sports training and education to students from class VI to XII and it also runs the hostels for the players/students in the concerned colleges. The U.P. Sports College, Lucknow was established in the year 1975 and its nomenclature has since been changed to Guru Govind Singh Sports College, Lucknow. The Sports Society initially established the U.P. Sports College at Lucknow in the year 1975, followed by Veer Bahadur Sports College, Gorakhpur in the year 1988. In the year 1993, Sports College, Dehradun (Maharana Pratap Sports College, Dehradun) was established, which was later entrusted to the State of Uttarakhand following its creation, in view of the provisions contained in the Uttar Pradesh Reorganization Act, 2000. The Sports Society runs and manages three sports colleges, namely, Guru Govind Singh Sports College, Lucknow; Veer Bahadur Sports College, Gorakhpur; and Major Dhyanchand Sports College, Safai, Etawah as per the averments made in the memo of writ petition.

4. The services of the employees and teachers of the sports colleges run by the Sports Society are governed by the provisions of the Sports College Lucknow (Teaching and Allied Staff) Service Rules, 1981 (hereinafter referred to as “Rules, 1981”) and by the orders/guidelines issued by the Board of Management from time to time. The Rules, 1981 have been framed by the Board of Management of the Sports Society in exercise of the powers conferred under Rule 7(1) of the Rules of the Sports Society.

5. Respondent No.2 in the present writ petition, namely, Harvir Singh S/o Late Pyara Singh, was initially appointed to the post of Assistant Teacher (Football) vide appointment order dated 30.06.1994 issued by the Principal, Sports College, Dehradun with the approval of the Chairman, Board of Management, Sports Society. After the reorganization of the State of Uttar Pradesh and the formation of the State of Uttarakhand, respondent No.2 opted for the State of Uttar Pradesh and, consequently, was transferred and permanently relived from Sports College, Dehradun to Guru Govind Singh Sports College, Lucknow vide order dated 06.08.2001. He joined Guru Govind Singh Sports College, Lucknow on 07.08.2001 as Assistant Teacher (Football). His services were confirmed vi