Allahabad HC Allows Cultural Fest on School Campus, Says Ban Applies Only to Commercial Use

The Allahabad High Court has permitted the organization of the cultural festival ‘Bazm-e-Virasat 2025’ at Bishop Johnson School & College, Prayagraj, clarifying that its earlier order restricting commercial use of educational premises does not bar non-profit, non-commercial cultural events.

The three-day festival may now be held from December 19 to 21, 2025, subject to approvals from district and state authorities.

The order came on a clarification application filed by Bazm-e-Virasat Foundation, a registered charitable society, after the administration withheld the school’s permission in light of the court’s October 14 directive.

That earlier judgment, delivered in a public interest litigation, had restrained educational institutions from allowing commercial fairs, trade exhibitions or other profit-driven activities on their infrastructure and permitted only educational and related activities organized by the institution itself.

The Foundation argued that the upcoming edition of its annual festival was non-commercial and aligned with cultural and educational objectives. It said it draws no profit, functions entirely on donations, and is registered under Section 12-A and Section 80G of the Income Tax Act. The first edition, held in 2024, had featured prominent artists and received support from the Uttar Pradesh Tourism Department. Ticket proceeds, the Foundation stated, were used solely for artist remuneration and logistical expenses, with properly audited accounts.

The Foundation had sought written permission from Bishop Johnson School & College in July 2025 and received approval on October 8, 2025. However, after the court’s October ruling, the school and the district administration hesitated to permit the event, citing uncertainty about whether the order barred all activities by third parties, even if non-commercial.

During the hearing, the Principal of the institution filed an affidavit confirming that the school would be closed for winter vacation during the proposed dates and that it had no objection to hosting the event if the court permitted it. The affidavit also noted that the school had granted similar permission for the 2024 edition and charged no fee for the use of its premises, while ensuring compliance with safety and decorum norms.

The bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra examined paragraph 26 of its October judgment and reiterated that the prohibition was aimed only at preventing the commercialization of educational infrastructure. The purpose, court noted, was to protect academic spaces from profit-motivated fairs and trade activities that disrupt the educational environment and damage infrastructure.

Court observed that Bazm-e-Virasat, as described in the application and supporting affidavit, did not fall within the category of commercial activities that the earlier judgment sought to prohibit. It also took note of the school’s willingness, the nature of the festival as a cultural and literary program, the absence of profit motives, and the fact that it would take place during a school vacation.

Finding that the event aligned with educational and cultural objectives, the bench clarified that the restrictions imposed in October would not stand in the way of conducting the festival this year.

Court further held that the nature of permission granted in 2024 and the safeguards included in the 2025 permission letter supported allowing the programme to proceed.

Permitting the festival to be held from December 19 to 21, court directed that all necessary approvals from district and state authorities must be obtained and placed on record.

It emphasized that this relief was being granted in the peculiar facts of the case and shall not be treated as relaxing the earlier restrictions on commercial use of school premises. The order concluded with a caution that any violation of those restrictions may invite further directions from the court.

Case Title: Girja Shankar vs. State of U.P. and 3 others

Order Date: December 02, 2025

Bench: Chief Justice Arun Bhansali and Justice Kshitij Shailendra