'Meant For Imparting Education Only': Allahabad High Court Bars Commercial Activities In Premises Of All Educational Institutions In UP

Observing that educational institutions are meant for imparting education only and not for permitting commercial activity, the Allahabad High Court has barred any commercial activities including and not limited to exhibitions, fairs, etc., in the premises of all educational institutions in Uttar Pradesh.

The court passed the order in a PIL against use of the premises of a Degree College for organizing a commercial Mela earlier this year. 

A division bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra held:

"Educational institutions are meant for imparting education only and the land and building belonging to such institutions which include their playgrounds also, cannot be permitted to be used for holding any commercial activity under any name, like exhibitions, trade fairs or other kinds of fairs, or sale of one or the other articles and goods etc. Infrastructure of educational institutions is meant to be utilised strictly for the purposes of educational activities and those associated and linked thereto like holding of sports events, cultural, inter-schools competitions, and such other identical curricular activities organised by the institution itself and for no other purpose"

"In view of the above discussion, we are of the considered view that though the period for which the Mela in question was permitted to be organised in the aforesaid degree college is over in March, 2025 itself, the same, in itself, does not vanish the cause agitated before us and we hold that immovable properties belonging to educational institutions in the State of U.P., including their playgrounds, whether forming part of the same premises or situated elsewhere, cannot be allowed to be used for any commercial activities under any name, like exhibitions, trade fairs or other kinds of fairs, or sale of one or the other articles and goods etc". 

Petitioners approached the High Court in a PIL seeking direction to stop the Commercial Mela being organised within the premises of Brahmanand Degree College (Government aided College) at Rath in district Hamirpur.

It was pleaded that the since last year a Commercial Mela was being organized at the insistence of the Principal of the educational institute.

Reliance was placed on earlier order of the High Court  (Writ-C No. 7500 of 2020)  to argue that no marriages or commercial activities were allowed in the premises of educational institutions.

On the other hand, the Principal, in his affidavit, stated that since the mela was over on the date decided, the petition was infructuous. Expressing dissatisfaction at the this argument, the Court called for reply from the Sub Divisional Magistrate, Rath, Hamirpur regarding grant of permission for conducting the mela.

The court said, "We may observe here that the mere fact that Mela in question was organised in the field of the college from 15.01.2025 to 10.03.2025, does not render the petition as having become infructuous in view of the core issue involved in these proceedings which this Court finds of significant public importance". 

The Sub Divisional Magistrate said that he was not aware of the bar placed by the High Court regarding commercial activities in educational institutions.

For context in the 2020 plea a Single Judge had ordered that land and building of the school reserved for activities connected with teaching and sports for the students should not be permitted to be used for any activity other than activities of the school. The order was directed to be placed before the State's Chief Secretary and the Principal Secretary (Education) for compliance.

Further, it had been directed:

“As an interim measure I direct to the respondents and all the District Magistrates of all the Districts of U.P. to restrain all educational institutions to allow anyone to use the property of the institutions for any private purpose. No marriage function or commercial activities to be organized on the land and building of the schools/ colleges/ institutions. This order, however, will not come in the way of using the land exclusively for the purpose of academic and sports activities of the schools and the colleges.”

The division bench observed that an order had been issued by the State to all educational institutions pursuant to the directions of the single judge. However, it was observed that still commercial activities like mela were being carried out in respondent institution.

Perusing the permission granted by the Sub Divisional Magistrate the bench observed that the permission was granted for organizing a National industrial sale of handicrafts exhibition but the event was advertised and named as Swami Bharmanand Mela Mahotsav.

Observing that a lot of such petitions were coming before the High Court where identical instances of commercial use/use other than for the students of the properties belonging to educational institutions come to light. 

It said that in some cases, absolutely no permission is reflected from record and in some cases officers of the District Administration, by one or few letters, accord permission for holding activities of identical nature.

"There is no statute which allows commercial use of properties belonging to educational institutions, imparting either primary or secondary or higher education. At least, no such law has been cited before this Court during the course of hearing of this petition. The only submission made before us is based upon the administrative clearance granted in favour of holding of commercial activities, by whatever name called, and taking aid of Government Order dated 27.04.2011". 

It further directed:

"The State Government is directed to issue a clear and unabmiguous circular to this effect directing District Administration, Police Administration and Educational Institutions at all levels in consonance with the directions issued by us, within a period of one month from the date of receipt of copy of this order.Registrar General of this Court is directed to send a copy of this order to the Chief Secretary of the State Government within a week, for necessary compliance".

It thus said that playground of Brahmanand Degree College shall not be permitted to be used anymore for any commercial activities.

The plea was disposed of.