The Himachal Pradesh High Court has affirmed that government school playgrounds, though primarily educational spaces, may be utilized for public sports events when aligned with broader social objectives such as combating drug abuse. This ruling establishes a balanced framework for accessing state-owned educational infrastructure for community welfare, subject to stringent conditions.
Background & Facts
The Dispute
The Pachhad Sports Club, a non-profit organization engaged in anti-drug abuse initiatives, sought permission to organize sports tournaments at the playground of Government Senior Secondary School, Sarahan, in District Sirmour, Himachal Pradesh. The Club had applied to the school’s Principal, who orally denied the request. The Club then approached the High Court under a public interest petition, asserting that the event would promote healthy lifestyles and deter substance abuse among youth.
Procedural History
- The application was filed as CMP No. 1428 of 2026 in CWPIL No. 146 of 2017, a pending public interest litigation concerning restrictions on school ground usage.
- The Club submitted a written application to the Principal, which was forwarded to the Deputy Director of School Education.
- The Deputy Director endorsed the request, subject to the Court’s approval.
- The State opposed the application, citing the school’s winter vacation period as irrelevant to the core issue of access.
Relief Sought
The applicant sought permission to hold sports tournaments from 15 January 2026 to 30 January 2026, with assurances of compliance with any conditions imposed by the Court.
The Legal Issue
The central question was whether the use of government school playgrounds for public sports events constitutes an impermissible encroachment on educational infrastructure, or whether such use, when aligned with public welfare and conducted under safeguards, falls within the permissible scope of public interest utilization of state assets.
Arguments Presented
For the Petitioner
The petitioner relied on the Court’s prior permissions granted for similar events at other government schools, including volleyball in Rampur Bushahr and wrestling in Gopalpur. It argued that public interest overrides rigid administrative denial when the activity promotes social good, especially in rural areas with limited recreational infrastructure. The Club emphasized its non-commercial nature and commitment to drug abuse prevention.
For the Respondent
The State contended that school grounds are reserved exclusively for academic and student-related activities, and permitting external events sets a precedent that could lead to misuse, damage, or disruption. It also raised concerns about law and order, sanitation, and liability.
The Court's Analysis
The Court reviewed its own prior orders permitting similar events at other schools, noting a consistent pattern of allowing non-disruptive, socially beneficial activities on school grounds during vacation periods. The Court observed that the school was closed for winter vacation until 15 February 2026, eliminating any conflict with academic functions.
"The playground is not a private enclosure but a public asset, and its use for promoting health and deterring drug abuse serves the very purpose of public education and social welfare."
The Court rejected the notion that permission must be granted only if the event is organized by the school itself. It held that public interest justifies temporary, regulated access to state infrastructure, provided safeguards are in place. The Court emphasized that prior permissions granted in comparable cases established a doctrine of equitable access, not arbitrary exclusion.
The Court further noted that the applicant had offered to deposit ₹50,000 into the Students Welfare Fund, agreed to clean the premises, and committed to providing separate toilet facilities - addressing the State’s concerns about property damage and sanitation.
The Verdict
The petitioner succeeded. The Court permitted the sports tournament to proceed from 27 January to 9 February 2026, subject to five binding conditions. The ruling affirms that public interest can override administrative silence when educational infrastructure is underutilized and the activity serves a clear social purpose.
What This Means For Similar Cases
School Grounds Are Not Exclusively Academic
- Practitioners may now cite this judgment to seek permission for public sports, cultural, or health campaigns on government school grounds during holidays.
- Denial of access based solely on "policy of exclusivity" is legally untenable if the activity is non-commercial and socially beneficial.
- Local authorities must justify denials with concrete evidence of disruption - not hypothetical concerns.
Conditions Are Non-Negotiable, Not Discretionary
- Any permission granted under this precedent must include mandatory conditions on cleanliness, waste management, toilet access, and financial deposit.
- Failure to comply with these conditions renders the permission void and may attract contempt proceedings.
- Organizers must document compliance and submit post-event reports to the school administration.
Precedent Creates a Presumption of Permissibility
- This judgment, combined with prior orders cited, establishes a presumption in favor of access for public welfare events during school vacations.
- Petitioners need not prove "exceptional circumstances" - only that the event is non-disruptive, socially beneficial, and compliant with the Court’s standard conditions.
- The burden now shifts to the State to demonstrate why a proposed event should be denied, not to the applicant to justify why it should be allowed.
