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2018 Supreme(HP) 1065
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sanjay Karol, Sandeep Sharma, JJ.
Kamla Memorial Public School Committee Jhakri - Appellant
Versus
State Of Himachal Pradesh & Ors. - Respondents
CWP No. 354 of 2018
Decided On : 01-03-2018
Amit Kumar Dhumal, Ashok Sharma, Hemant Vaid, J.K Verma, Meenakshi Sharma, Advocates for the appearing parties.
Educational institution campuses can be used for activities not alien to education.
Headnote:
Mandamus - School Function - Use of Educational Institution Campus for Non-Alien Activities
Fact of the Case:
The petitioner sought a writ to allow the school to organize its annual day function in the auditorium of another government senior secondary school.
Finding of the Court:
The court found that the activity of organizing the annual day function was not alien to education and directed the respondent to allow the petitioner to use the auditorium, subject to completion of formalities and ensuring discipline and protection of school property.
Issues: Use of educational institution campus for non-alien activities, petitioner's request for writ of mandamus.
Ratio Decidendi: The court clarified that educational institution campuses can be permitted to be used for activities not alien to education.
Final Decision: The court directed the respondent to allow the petitioner to organize the annual day function in the auditorium, subject to compliance with formalities and ensuring discipline and protection of school property.
JUDGMENT
Sanjay Karol, A.C.J —Petitioner has prayed, inter alia, for the following relief:
"(i) To issue writ of mandamus or any other writ, order or direction to direct respondents to allow the school to organize annual day function in the auditorium of Padam Govt. Sr. Secondary School Rampur as per request on 4-3-2018."
2. Vide judgment dated 11th December, 2017, passed by a Coordinate Bench of this Court in CWPIL No.146 of 2017, titled as Court on its own Motion vs. State of H.P. & ors., this Court has already clarified that the campuses of educational institutions, be it school or college, can be permitted to be used for activities which are not alien to education.
3. In the instant case, present petitioner is running a school at Jhakri under the name of Kamla Memorial Public School and intends to organize its annual day function in the auditorium of Padam Government Senior Secondary School, Rampur on 4th March, 2018, which is a holiday being a Sunday. The activity carried out by the petitioner''s school is not alien to education and, as such, we direct respondent No.3 to allow the petitioner to organize annual day function in the auditorium of Padam Government Senior Secondary School, Rampur on 4th March, 2018. However, this shall be subject to completion of all codal formalities in accordance with law.
4. Learned counsel for the petitioner states that the management shall ensure that children maintain strict discipline and property of the school is not damaged/destroyed in any manner.
Accordingly, the petition stands disposed of so also pending application(s) , if any.
Copy dasti.
