Allahabad High Court Permits 'Non-Commercial' Bazm-e-Virasat Fest At Prayagraj School; Clarifies Strict Ban On Trade Fairs Remains Intact

This three-day cultural extravaganza is scheduled to be held at the Bishop Johnson School and College from December 19 to 21, 2025.

The order assumes importance as the HC, in an earlier order passed on October 14, had strictly restrained educational institutions from allowing their playgrounds and infrastructure to be used for "commercial activity" or by third parties while emphasizing that schools are "meant for imparting education only".

The present order was passed in view of the peculiar facts of the case as the court found the event in question to be a non-commercial activity but rather a cultural event.

However, a division bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra, clarified that this permission is should not be treated as relaxing the restrictions of the October 14 order. This effectively means that the HC's ban on using schools for marriages, trade fairs and commercial shops remains absolute.

Briefly put, the organizers of the 'Bazm-e-Virasat' fest had moved the HC praying to seek a clarification that the October 14 order shall not preclude non-profit cultural and educational events which are organized without any commercial activity or private gain in the premises of a private unaided minority Institution during vacations of the said Institution.

The petitioners had to move the HC as the Bishop Johnson School administration had put the permission for the event in abeyance and the local district administration had also held back support in view of HC's order.

Arguments

Appearing for the petitioner, Senior Advocate Anurag Khanna, assisted by Advocate Raghav Dev Garg, argued that 'Bazm-e-Virasat' fest could not be painted with the same brush as the 'trade fairs' and 'exhibitions' banned by the Court.

The applicant [Bazm-e-Virasat Foundation] submitted that the event is a non-profit initiative dedicated to the promotion and preservation of rich composite culture, performing arts, literature and heritage of State of UP.

It was argued that the festival is not a private or commercial venture but a State-recognized cultural initiative of substantial social and educational value for the city of Prayagraj.

Applicant's affidavit further highlighted that the event is funded by donations, with no profit motive and even features ticket contributions solely to cover artists' fees and logistics.

The Court was also informed that the festival is set to host a galaxy of luminaries, including filmmakers Shekhar Kapur, Ashutosh Gowariker, Imtiaz Ali and Anurag Basu, as well as cricketing icons Mohammad Kaif, Suresh Raina and RP Singh.

It was further apprised to the bench that since academic activities in the Institution would remain closed from December 19 till January 4, 2026, the three days' event would not affect the academic activities in the Institution.

In fact, before the HC, the Institution's counsel submitted that it has no objection if the Court allows the application and clarifies its previous order.

High Court's order

Against this backdrop, the Bench, at the outset observed that its October 14 order was meant to maintain the academic environment of the Institutions intact and not to permit commercialization of infrastructure of educational institutions where the motive of the management is to earn profits by promoting such commercial activities.

It further noted that while its previous order remains absolute, the nature of this specific event warranted a different view.

"We do not find it commercial in nature, i.e. to say that any commercial activity in the said event does not stand reflected," the Bench noted.

The Court placed significant weight on the fact that the school itself was not charging any rental fees for the premises and that the event would take place during the winter vacation (December 19 to January 3) which means there would be no disruption to academic activities.

The Court also noted that the event will showcase the cultural and literary history of the city and will benefit the students of all the institutions also.

However, the court clarified that this permission does not become a precedent for commercial misuse of school grounds. The Bench explicitly stated that they were permitting the event only on the "peculiar facts brought before us" and that this order should not be treated as "relaxing the restrictions" imposed earlier.

"All the stakeholders shall honour the spirit of the order and in case any complaint is received by the Court indicating violation of the restrictions imposed, the Court will be compelled to pass appropriate orders", the Bench warned.