Can a College Playground Host a Mela? What Allahabad HC Said

A bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra passed the judgment on October 14, 2025, in a public interest litigation filed by Girja Shankar. The petitioner had sought to halt a commercial fair being conducted within the premises of Brahmanand Degree College, a government-aided institution in Rath, Hamirpur district, affiliated to Bundelkhand University.

The petitioner contended that the college authorities, led by its principal, had allowed a large-scale commercial Mela inside the campus since January 2025, in violation of earlier judicial directions. He referred to a 2020 interim order passed by the Allahabad High Court prohibiting use of educational premises for private or commercial purposes, an order that had been circulated by the Director of Higher Education to all universities and colleges for compliance.

The college principal admitted granting permission to a private organizer, Sagar Chaurasiya, to hold the event, claiming that all necessary departmental clearances were obtained, including approval from the Sub-Divisional Magistrate (SDM), Rath. The SDM, in his defense, said he was unaware of the restriction and had acted under Form-B of a 2011 government order regulating public demonstrations and rallies.

The High Court, however, came down heavily on the explanation, observing that the SDM had misused an unrelated government order. “The plea that the authority was unaware of the restriction is wholly specious,” the bench remarked, rejecting the justification outright. Court noted that Form-B, which pertains to permissions for protests or public gatherings, was altered to insert the word “exhibition”, thereby misleadingly legitimizing a commercial event.

Photographs annexed to the petition revealed that the so-called “Swami Brahmanand Mela Mahotsav” featured amusement rides, garment stalls, food vendors, and other trading activities across the college playground. The court observed that even though the Mela had concluded in March 2025, the issue raised was of “significant public importance” and could not be treated as infructuous.

The bench emphasized that such practices erode the educational environment and breach the purpose for which land is allotted to academic institutions. “Educational institutions are meant for imparting education only,” the court observed. “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,” court stressed.

Finding the misuse systemic, the High Court directed the Uttar Pradesh Government to issue a fresh circular within one month, explicitly banning commercial use of educational properties.

It ordered that the direction be communicated to all district magistrates, police officials, and educational authorities to ensure strict enforcement. The Registrar General was also asked with forwarding a copy of the order to the Chief Secretary for compliance.

Concluding the matter, court specifically ordered that the playground of Brahmanand Degree College “shall not be permitted to be used anymore for any commercial activities".

Case Title: Girja Shankar vs State of UP and 3 others

Order Date: October 14, 2025

Bench: Chief Justice Arun Bhansali and Justice Kshitij Shailendra