GIRJA SHANKAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition in public interest has been filed by the petitioner seeking a direction to the respondent authorities to stop Commercial Mela being organised within the premises of Brahmanand Degree College (Government aided College) at Rath, District Hamirpur, as the same is meant for imparting education.

(2.) It is stated in the petition that the said degree college being affiliated to Bundelkhand University, Jhansi, is a Government aided institution imparting education in the form of various degree courses and other professional courses and since last year, a Commercial Mela is being organised in the entire open ground of the said college at the instance of respondent No. 4, i.e., the Principal of the institution. It is further stated that this year also, Mela is being organised since 17/1/2025 at a very large scale, wherein several commercial shops and other stalls have been installed. Taking aid of an order dtd. 3/3/2020 passed by this Court in Writ-C No. 7500 of 2020, the case of the petitioner is that once this Court issued a direction to all the District Magistrates in the State of U.P. to restrain all educational institutions from using the properties of the institutions for any private purpose and any sort of marriage functions or commercial activities were specifically directed to be restrained from being organised on the land and buildings of schools/colleges/institutions, consequent whereupon, a communication dtd. 9/6/2020 was also issued by the Director (Higher Education) to all the Vice-Chancellors and Registrars of State Universities, all Regional Higher Educational Officers in U.P. as well as all Principals of Government aided/non-aided Degree/Self financed degree colleges to strictly comply with the directions issued by the writ court, holding of Commercial Mela in the aforesaid college being in violation of such directions, the same be directed to be stopped.

(3.) On 12/3/2025, learned Standing Counsel sought time to obtain instructions and this Court, while issuing notice to the Principal of the institution, posted the matter for further consideration to be made on 10/4/2025. Later on, the respondent No. 4, i.e., the Principal of the institution put in appearance and filed a counter-affidavit indicating therein that the Mela in question was organised from 15/1/2025 to 28/2/2025, which period was further extended to 10/3/2025 and since the Mela was over on the scheduled date, the petition has been rendered infructuous.