Allahabad HC Imposes State-Wide Ban on Commercial Use of School Properties

The court directed the Uttar Pradesh government to issue a state-wide circular within one month, prohibiting the use of educational institution premises, including playgrounds, for any commercial purposes like fairs, exhibitions, or sales.

LUCKNOW, UTTAR PRADESH – In a landmark decision with far-reaching implications for educational institutions across Uttar Pradesh, the Allahabad High Court has imposed a definitive ban on the commercial exploitation of school and college properties. A Division Bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra held that immovable properties of educational institutions, including their playgrounds, are exclusively for educational and related activities and cannot be used for commercial events such as trade fairs, melas, or exhibitions.

The ruling came while disposing of a Public Interest Litigation (PIL) that challenged the organization of a large commercial fair on the grounds of a government-aided degree college. The Court, underscoring the public importance of the issue, mandated the state government to issue a clear and unambiguous circular within one month to enforce this prohibition across all districts.

Background of the Public Interest Litigation

The case, Girja Shankar v. State of U.P. and Others (PIL No. 542 of 2025) , was initiated against a commercial 'Mela' held on the playground of Brahmanand Degree College in Rath, Hamirpur district. The petitioner, Girja Shankar, argued that as a government-aided institution affiliated with Bundelkhand University, the college's premises could not be legally diverted for private commercial gain.

The petition highlighted that despite a previous High Court interim order from March 2020 (in Writ-C No. 7500 of 2020) and a subsequent circular from the Director of Higher Education prohibiting such activities, the local Sub-Divisional Magistrate (SDM) granted permission for the fair. The 'Swami Brahmanand Mela Mahotsav' commenced on January 15, 2025, and was later extended until March 10, 2025, featuring numerous commercial stalls, large swings, and shops, effectively converting the college playground into a commercial hub.

Photographic evidence submitted to the court showed the extent of the commercialization, including how the main gate signboard, "Vijay Dwar Brahmanand Mahavidyalaya Khel Sthal," was covered by a hoarding for the Mela, concealing the land's actual purpose.

Court's Scrutiny and Rejection of Administrative Justifications

The respondents, including the State and the college Principal, initially argued that the petition had become infructuous since the fair had concluded. The Court swiftly dismissed this, stating, “the core issue involved in these proceedings which this Court finds of significant public importance” continued to subsist.

The administration's defense rested heavily on a Government Order (G.O.) from April 27, 2011. The SDM claimed he was unaware of the bar on using institutional grounds for non-educational activities and had granted permission under this G.O. The High Court, however, found this explanation “wholly spacious” and the reliance on the G.O. to be “apparently a farce.”

The Bench meticulously analyzed the 2011 G.O. and concluded that it pertained to maintaining law and order during agitations, protests, and public functions, and had no relevance to permitting commercial events on educational property. Critically, the Court discovered that the official permission format, Form-B, attached to the G.O. had been deliberately altered. Words referring to 'agitations' and 'political programmes' were replaced with "प्रदर्शनी (exhibition)" to create a semblance of justification. This act of altering official forms was sharply criticized by the court as a move to "suit the stakeholders."

“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.” the Bench observed in its 19-page order.

The Court also noted that the respondents failed to cite any statutory law that would permit the commercial use of properties belonging to educational institutions, from primary to higher education levels.

The Sanctity of Educational Infrastructure

A central theme of the judgment was the inviolable nature of educational infrastructure, particularly playgrounds. The Court emphasized that the existence of a playground is an "essential feature of affiliation/recognition granted to educational institutions." It observed that affiliating bodies often take legal action against institutions that either lack a playground or have diverted it for other uses.

"Significance of a playground with an educational institution cannot be undermined under any circumstances," the Court remarked, reinforcing its integral role in the educational ecosystem.

The judgment laid down a clear and binding principle: the infrastructure of educational bodies must be used “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.”

Directions and Legal Implications

Concluding that the matter was of significant public importance, the Court issued a broad and definitive ruling prohibiting the commercial use of all immovable properties of educational institutions in Uttar Pradesh.

To ensure compliance, the Court issued the following key directions:

1. State-Wide Circular: The Government of Uttar Pradesh is directed to issue a clear and unambiguous circular within one month to all District Administrations, Police authorities, and educational institutions, prohibiting the non-educational commercial use of their premises.
2. Official Communication: The Registrar General of the High Court was instructed to forward a copy of the order to the Chief Secretary of Uttar Pradesh within one week for necessary and prompt compliance.

This judgment establishes a robust legal precedent that will significantly impact the management of educational institutions in the state. Many institutions have historically relied on renting out their grounds for marriages, fairs, and other commercial events as a source of revenue. This practice is now unequivocally illegal. For legal practitioners, this ruling provides a clear basis to challenge such activities and advise educational clients on compliance. It strengthens the hand of regulatory bodies and provides citizens with a powerful legal tool to protect educational spaces from commercial encroachment. The decision reaffirms the principle that educational spaces are sacrosanct and must be preserved for their intended purpose: the holistic development of students.