Playgrounds of educational institutes, cannot be used for any commercial activities
Allahabad High Court Prohibits Commercial Activities on Educational Grounds. High Court Enforces Strict Use of Educational Properties for Academic and Curricular Activities Only
In a significant ruling, the Allahabad High Court has unequivocally directed that immovable properties belonging to educational institutions in Uttar Pradesh, including playgrounds, must not be utilized for any commercial activities. This includes exhibitions, trade fairs, and the sale of goods, ensuring that such properties are strictly reserved for educational and associated curricular activities. The decision came in response to a Public Interest Litigation filed by Girja Shankar against the State of Uttar Pradesh and others, challenging the organization of a Commercial Mela on the premises of Brahmanand Degree College, Rath, Hamirpur.
The judgment, delivered by a division bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra, stems from a petition highlighting the misuse of educational grounds for commercial purposes. Despite previous interim orders and government directives prohibiting such activities, a commercial fair was organized on the college grounds from January to March 2025, with permissions allegedly granted by local authorities.
The court emphasized the fundamental role of educational institutions in imparting education and preserving infrastructure for educational purposes, including sports and cultural activities directly linked to the institution's curriculum. It declared that the existence and integrity of playgrounds are crucial for maintaining the affiliation and recognition of educational institutions.
The court directed the State Government to issue a clear circular within a month, ensuring compliance across all levels of district and police administration, and educational institutions. This directive reinforces a previous interim order dated March 3, 2020, which had mandated the prohibition of non-educational activities on school and college premises throughout Uttar Pradesh.
Registrar General of the High Court has been tasked with sending a copy of the judgment to the Chief Secretary of the State Government for immediate compliance, safeguarding educational properties from any unauthorized commercial exploitation.
This ruling is expected to set a precedent for educational institutions nationwide, reaffirming the sanctity of educational infrastructure and ensuring its use for the intended purpose of nurturing academic growth and development.
Bottom Line:
Immovable properties belonging to educational institutions, including their playgrounds, cannot be used for any commercial activities, such as exhibitions, trade fairs, or sale of goods. Such properties are strictly meant for educational purposes and activities associated with education.
Statutory provision(s): Government Order dated 29th September 2012, Government Order dated 27th April 2011, Interim Order dated 3rd March 2020
Girja Shankar v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2796352
