Allahabad High Court Bans Use Of Educational Institutions’ Premises For Commercial Activities

The Court was hearing a Public Interest Litigation (PIL) seeking directions to restrain authorities from allowing a Commercial Mela to be organised on the premises of Brahmanand Degree College in Rath, District Hamirpur, a government-aided institution affiliated with Bundelkhand University.

A Division Bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra observed that “immovable properties belonging to educational institutions in the State of U.P., including their playgrounds, whether forming part of the same premises or situated elsewhere, cannot be allowed to be used for any commercial activities under any name, like exhibitions, trade fairs or other kinds of fairs, or sale of one or the other articles and goods etc.”

The petitioner was represented by Advocate Azad Khan, while Advocate Rajiv Singh appeared for the State.

Background

The petitioner alleged that a commercial fair was being organised annually in the open grounds of Brahmanand Degree College, despite a 2020 High Court order prohibiting such activities. The 2020 order had directed all District Magistrates to restrain educational institutions from allowing their premises to be used for private or commercial purposes, including marriages or fairs.

It was further submitted that the Director of Higher Education had also circulated instructions to all universities and colleges in June 2020, mandating compliance with the said order. Despite this, the District Administration granted permission for the fair in January 2025, allegedly without legal authority.

The Principal of the institution defended the action, stating that the Mela had concluded in March 2025 and that necessary permissions had been obtained from the Sub-Divisional Magistrate, Fire, and Electricity Departments. The State, however, admitted that the permission had been granted by the SDM “unaware of the bar” on such use of educational property.

Court’s Observation

The Allahabad High Court rejected the State’s explanation, terming the permission granted by the SDM “wholly untenable.” It noted that the Government Order, under which the permission was purportedly issued, related only to the regulation of public agitations and processions, not to the use of educational property for commercial purposes.

The High Court found that the Form B appended to the said Government Order had been manipulated to suit the stakeholders’ interests, changing its wording to allow an “exhibition” promoting the sale of handicrafts and goods. The judges observed that such acts amounted to a clear misuse of educational land.

Referring to the significance of playgrounds, the Court underscored that such facilities form an essential component of institutional recognition and affiliation, and their use for commercial purposes undermines the educational objectives. The Bench noted that in several cases, institutions had either sold or diverted their playgrounds, prompting disciplinary action by affiliating authorities.

Emphasising the sanctity of educational spaces, the Court held that “infrastructure of educational institutions is meant to be utilised strictly for educational and associated purposes.”

Conclusion

While disposing of the petition, the High Court directed the State Government to issue a clear and unambiguous circular within one month, instructing all District Magistrates, Police officials, and educational institutions to strictly prohibit commercial use of institutional properties.

The Court further directed that the playground of Brahmanand Degree College shall not be used henceforth for any commercial purpose.

Cause Title: Girja Shankar v. The State of Uttar Pradesh & Ors (Neutral Citation: 2025:AHC:184827-DB)

Appearances

Petitioner: Advocate Azad Khan

Respondents: Rajiv Singh, S.C., and Advocates Chandan Sharma and Shubham Tripathi

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