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High Court of Himachal Pradesh · body

2025 DAILYLAW 17604 (HP)

COURT ON ITS OWN MOTION v. STATE OF HP

CMP/13865/2025 · 2025-06-24

Gurmeet Singh Sandhawalia, Ranjan Sharma

Public Interest Litigationbody2025

Judgment text

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Court on its own motion versus State of H.P. & Others CMP No.13865 of 2025 in CWPIL No.146 of 2017 [Disposed of Matter] [Item No.S-4] 24.06.2025 Present: Mr. Sanjay Kumar Sharma, Advocate, for the applicant. Mr. Rakesh Dhaulta, Additional Advocate General, for the non-applicants/ respondents -State. CMP No.13865 of 2025 Present application has been filed for organizing District Level Fair of Devta Sahib Sh. Laxmi Narayan Kumsu in the playground of Rani Rattana Kumari Memorial Government Senior Secondary School, Nogli, Tehsil Rampur, from 26.06.2025 to 28.06.2025. 2. The case of the applicant is that tradition of organizing the fair of Devta Sahib in the school playground has been followed for the last fifty years, since 1965. Accordingly, the rituals are required to take place, including the journey to Duttnagar Panchayat, and a resolution to this effect has been passed by the applicant-Committee organizing the annual fair. 3. It has further been averred that the educational activities of the school would not be affected in any manner, and the school authorities have no objection to the said course of action. 4. It has been brought to our notice that, on earlier occasion in the year 2023, similar applications seeking permission to hold the fair were dismissed on the ground that the campus of an educational institution is meant for imparting education to students, and such fairs could not be permitted therein. The said orders were passed on 20.06.2023 and 27.06.2023. 5. Faced with this situation, counsel for the applicant submits that the fair shall not be organized in the school premises. Instead, only the placing of deities in the school premises for the purpose of conducting rituals is to be required. 6. Accordingly, we allow the present application only to the limited extent that the rituals involving the placing of deities may be carried out within the school premises after school hours till the time children come back to attend the school from 26.06.2025 to 28.06.2025, subject to the following conditions: i) That no damage shall be caused to the property of the school and its playground, where the fair is proposed to be organized. ii) That after the ceremony is organized, the playground shall be handed over to the Principal of the aforesaid school in a neat and clean condition and it shall be ensured that no plastic is used except the one permissible under the law. The administration shall ensure that the playground is cleaned after the fair. iii) That the toilets of the school meant for students and staff shall not be allowed to be used by the general public attending the fair and the applicant shall make proper arrangements of the toilets for the visitors and general public attending the ceremony. iv) That the law and order shall be maintained by the local administration during the said period. v) That the applicant shall deposit a sum of Rs.20,000/ in the Students Welfare Fund of the school. 7. The Organizers shall ensure that the ceremony takes place in a peaceful atmosphere and they would be responsible, if any, untoward incident happens. 8. The application stands disposed of. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge June 24, 2025 [Shivender/Chiranjeev]