Extracted from the PDF above. The PDF is authoritative.
Court on its own motion versus State of Himachal Pradesh and others
CMP No.25988 of 2025 in CWPIL No.146 of 2017 [disposed of matter]
Item No.S-5
31.10.2025 Present: Mr. Rishabh Sharma, Advocate, for the applicant.
Mr. Arsh Rattan, Deputy Advocate General for the respondents-State.
Present application has been filed by the applicant, seeking permission to organize “Ekadshi Fair” in the playground of Government Senior Secondary School Balag, Tehsil Theog, District Shimla, from 03.11.2025 to 05.11.2025.
2.
Notice had been issued to the State on 30.10.2025 and it has been confirmed that the Principal of the School has not granted permission, on account of the fact that 03.11.2025 and 04.11.2025 are working days and only 05.11.2025 is a public holiday.
3.
In such circumstances, we are of the considered opinion that the permission cannot be granted for working days, keeping in view the conditions as such, laid down in the main case [CWPIL
No.146 of 2017, decided on 11.12.2017] and therefore, earlier order dated 03.11.2022 would also not be of much relevance, when permission was granted in CMP No.15086 of 2022.
4.
Perusal of the said order would go on to show that the permission had only been granted for the day when there was a holiday, so that the function could be organized in the school.
5.
Accordingly, we allow the present application partly to the extent for granting permission from 04.11.2025 [Afternoon] till 05.11.2025 [Evening], subject to the following conditions: (i) That no damage shall be caused to the property of the school and its playground, where the vent is proposed to be organized. (ii) That after the event is over, the playground shall be handed over the Principal of the School aforesaid 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 event.
(iii) That the law and order shall be maintained by the local administration during the said period. (iv) That the applicant shall deposit a sum of Rs.20,000/- in the Students Welfare Fund of the school concerned.”
6.
The application is partly allowed in the above terms and stand disposed of.
(G.S. Sandhawalia)
Chief Justice
[
31st October, 2025
(Ranjan Sharma) (himani/Bhardwaj]
Judge