Allahabad High Court Bars Commercial Use Of Educational Institutions' Properties Across UP, Directs Govt To Issue Circular

Emphasizing that such infrastructure must remain exclusively devoted to educational and associated activities, the HC directed the Uttar Pradesh Government to issue a clear and unambiguous circular within 1 month, prohibiting such non-educational use of school and college premises across the State.

A Bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra passed the order while disposing of a public interest litigation (PIL) plea filed by one Girja Shankar, who had challenged the holding of a commercial 'Mela' within the premises of Brahmanand Degree College at Rath (Hamirpur district), a government-aided institution affiliated to Bundelkhand University, Jhansi.

In its 19-page order, the Bench stressed that existence of its own playground forms an essential feature of affiliation/recognition granted to educational institutions or to continue with such affiliation/recognition.

It noted that during inspections, affiliating or recognizing bodies often find that institutions either do not possess their own playground or have diverted it for other purposes, situations that invite legal action.

“Significance of a playground with an educational institution cannot be undermined under any circumstances”, the Court observed.

The Court noted that the educational institutions are meant for imparting education only and therefore, 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.

It added that the infrastructure of such institutions must be utilized “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”.

Holding that the matter raised issues of significant public importance, the Court directed the State to issue a circular to all levels of the District Administration, Police Administration, and Educational Institutions to ensure compliance with its directions.

The Registrar General was also instructed to forward a copy of the order to the Chief Secretary of Uttar Pradesh within a week for necessary compliance.

Background of the Case

The PIL was filed by one Girja Shankar seeking an end to the Commercial Melas being organised within the said college premises.

The petitioner contended that since the college was a government-aided institution affiliated with Bundelkhand University, its land could not legally be used for private or commercial purposes.

He relied upon a March 2020 interim order passed by the High Court directing all the District Magistrates across UP to restrain educational institutions from allowing private or commercial use of their properties, including for marriage functions or shops.

Following that order, the Director of Higher Education had also issued a circular dated June 9, 2020 reiterating compliance.

However, despite these directions, the Sub-Divisional Magistrate (SDM), Rath, in the present case granted written permission to one Sagar Chaurasiya to hold the 'Mela' on the college's open ground, first from January 15, 2025, to February 28, 2025, and then extending it until March 10, 2025.

At the outset, the Court rejected the State's explanation as 'wholly spacious' that the SDM had permitted the Mela “being unaware of the bar of using the institution's ground for other than educational activities”.

It noted that the SDM had invoked a 2011 Government Order that merely dealt with permissions for agitations, rallies or public demonstrations, not with allowing commercial events in educational institutions.

"Taking shelter of Form-B forming part of the Government Order dated 27.04.2011 by the respondents is apparently a farce", the Bench remarked.

The Court found that the Form-B permission format was "altered to suit the stakeholders", as the words referring to 'agitations' and 'political programmes' had been replaced with "प्रदर्शनी (exhibition)" to justify the use of the playground for a commercial fair.

Photographs annexed with the petition showed that the playground hosted commercial stalls, swings and shops selling goods like 'Ludhiana Garments' and ice popsicles and many other identical commercial activities being held.

The Court noted in its order that even the main gate signboard of the playground "Vijay Dwar Brahmanand Mahavidyalaya Khel Sthal" had been covered with a hoarding reading "Swami Brahmanand Mela Mahotsav" hiding the very nature of the land and premises and the purpose for which it is meant, i.e. playground of the degree college.

Thus, rejecting the respondents' contention that the petition had become infructuous since the Mela period had ended, the Court held that the issue raised was of significant public importance and thus, the same continued to subsist.

It also noted that no statutory law allows the use of educational property for commercial purposes and none has been cited before the Court.

"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".

Appearances

Counsel for Petitioner : Azad Khan

Counsel for Respondent(s) : Rajiv Singh, S.C., Chandan Sharma, Shubham Tripathi