The Allahabad High Court has ruled that educational institutions in Uttar Pradesh must not be used for any commercial purpose, saying that schools and colleges exist to provide education, not to host business activities. The court has banned all types of commercial events, including exhibitions, trade fairs, or sales, from taking place on the premises of educational institutions across the state.
The ruling came in response to a Public Interest Litigation (PIL) that challenged the use of a degree college’s property for a commercial fair earlier this year. The case was heard by a division bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra.
In its judgment, the court made it clear that the land and buildings of educational institutions, including their playgrounds, must only be used for educational purposes or for activities directly related to education. “Educational institutions are meant for imparting education only,” the bench said. “Their land and buildings, including playgrounds, cannot be used for holding any commercial activity under any name, like exhibitions, trade fairs or other kinds of fairs, or sale of goods.”
The judges further added that school and college infrastructure should only be used for academic activities and events such as sports, cultural programmes, and inter-school competitions, and only if they are organised by the institution itself.
Court rejects “mela is over” argument
The PIL was filed after a commercial fair, named Swami Brahmanand Mela Mahotsav, was organised at Brahmanand Degree College in Rath, Hamirpur district, earlier this year. The petitioner argued that the fair was a purely commercial event held with the consent of the college principal, violating previous High Court orders that had barred such activities.
In response, the college principal said the event had already ended in March 2025, so the petition had become irrelevant. However, the court rejected this argument, stating that the issue was of “significant public importance.”
“The fact that the Mela was organised from 15th January to 10th March, 2025, does not make the petition infructuous,” the bench said. “The issue raised here affects all educational institutions across the state.”
The court also asked the Sub-Divisional Magistrate (SDM) of Rath, Hamirpur, to explain how permission was granted for the event. In his reply, the SDM said he was unaware of the High Court’s earlier order prohibiting such use of school or college premises.
Earlier court orders ignored
The High Court noted that this was not the first time it had dealt with such an issue. Back in 2020, a single-judge bench had clearly ordered that school and college properties must not be used for private or commercial purposes. That earlier order had been forwarded to the Chief Secretary and the Principal Secretary (Education) for strict implementation.
In that 2020 ruling, the court had even issued interim directions to all District Magistrates, stating that no marriage functions or commercial activities could be organised within school or college premises. The land and buildings were to be used strictly for academic or sports activities only.
Despite those directions, the recent case revealed that commercial events were still being allowed in certain institutions, either with administrative approval or without any official permission at all.
The division bench observed, “We have been receiving several petitions regarding similar misuse of educational premises. In some cases, no formal permission is found in records, while in others, district officers issue letters allowing such activities.”
The bench criticised this practice and made it clear that no existing law allows the use of educational institution property for commercial gain. “There is no statute that authorises commercial use of properties belonging to schools or colleges. No such law was cited before us during the hearing,” the judges said.
State told to issue strict instructions
After considering all the facts, the High Court directed the Uttar Pradesh government to issue a clear and unambiguous circular within one month. The circular must instruct all District Magistrates, police officers, and educational authorities to stop any kind of commercial activity on educational premises.
The court further directed the Registrar General to send a copy of the order to the Chief Secretary of the state government within a week to ensure compliance.
The bench made it clear that even though the event at Brahmanand Degree College was already over, the college’s playground and other facilities must not be used for commercial activities again. “The property of Brahmanand Degree College shall not be permitted to be used anymore for any commercial activities,” the judges ordered.
Upholding the spirit of education
The court’s observations reinforced the idea that educational institutions should remain dedicated to learning and not be turned into profit-making venues. It said that hosting commercial fairs and exhibitions disrupts the purpose of education and misuses land that is meant for students’ academic and extracurricular development.
In its parting note, the High Court underlined that education is a public service, not a business. “Infrastructure of educational institutions is meant to be utilised strictly for the purposes of educational activities and those associated with it,” the bench said, adding that any deviation from this purpose goes against public interest and the spirit of the law.
The ruling is now expected to serve as a clear directive to all schools, colleges, and universities in Uttar Pradesh, ensuring that their campuses remain dedicated to their original purpose, imparting education.
