The Allahabad High Court has ruled that immovable properties of educational institutions across Uttar Pradesh, including playgrounds, cannot be used for any commercial purposes such as trade fairs, exhibitions, melas, or the sale of goods. The Division Bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra issued a directive to the state government to release a clear circular within one month prohibiting such non-educational use. The Court emphasized that the infrastructure of educational institutions must remain devoted exclusively to educational or related activities, and any deviation from this purpose would violate the principles governing the functioning of such institutions.
The case originated from a Public Interest Litigation that challenged the holding of a commercial fair on the playground of a government-aided college in Hamirpur district. The petitioner argued that the college’s ground, which forms part of the educational campus, was being misused for a mela featuring commercial stalls, amusement rides, and the sale of goods. The event was permitted to run from January to March 2025, under authorization granted by the Sub-Divisional Magistrate. The petitioner contended that allowing commercial activities on educational premises undermined the purpose for which such land and facilities were allocated and approved.
In its order, the High Court underscored that having a functional playground is a mandatory requirement for the recognition and continued affiliation of educational institutions. The judges noted that many accreditation agencies often find schools and colleges without playgrounds or with grounds diverted for purposes unrelated to education. The Court stated that the importance of playgrounds as an integral part of education could not be diminished under any circumstances. It observed that there was no legal provision that permitted the commercial use of the immovable property belonging to educational institutions, whether primary, secondary, or higher education bodies. The respondents failed to produce any statutory basis that allowed such use.
The Court also rejected the respondents’ contention that the issue had become irrelevant since the period for which the mela was authorized had already ended. The Bench clarified that the issue involved a matter of significant public concern and therefore required judicial intervention. The Court expressed its displeasure over how official permission had been granted for the event. The Sub-Divisional Magistrate had cited a government order that was meant to regulate rallies and public demonstrations, but the authorization form had been repurposed to describe the event as an “exhibition,” thereby allowing a commercial fair under a different pretext. The Court took note of photographs submitted with the petition that showed how the playground’s nameboard had been covered by a hoarding labeled “Mela Mahotsav,” which obscured its identity as an educational facility.
In its final directions, the High Court instructed the Registrar General to send a copy of the order to the Chief Secretary of Uttar Pradesh within one week for necessary compliance. The State Government was ordered to issue a circular to all district administrations, police departments, and educational authorities, ensuring that no educational property, including land, buildings, or playgrounds, is used for commercial activities.
This judgment reinforces the principle that the land and infrastructure of educational institutions exist for academic and co-curricular purposes only. The ruling aims to preserve the sanctity of educational environments, preventing their exploitation for commercial profit. By mandating the government to issue a binding circular, the Court ensured that this directive would have statewide effect, establishing a uniform policy to safeguard the integrity and purpose of educational properties throughout Uttar Pradesh.
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