'Unfortunate': Allahabad HC Questions UP Govt For Stationing State Forces In Education Institution Buildings For Magh Mela

The Magh Mela is one of the greatest annual religious affairs for Hindus. It is held annually in the city of Prayagraj, drawing millions of pilgrims and devotees. The mela began in November and will continue until mid-March 2025.

As part of the security and administrative preparations for the event, the Uttar Pradesh government recently took control of several educational institution buildings in and around the Mela area to station state forces.

A bench of Justice Ajit Kumar referred to the move as "unfortunate" and questioned its impact on students, especially those enrolled in institutions affiliated with the U.P. Board of High School and Intermediate Education, as board exams are approaching soon.

“The stand to forcefully requisition places of schools and colleges when annual exams are around the corner, can only be taken as unfortunate because the students studying in other districts will be enjoying full facilities and better arrangements during this period and participation in the examination of Board so also the institutions would be able to manage a proper conduct of the Board Examinations but because of the Magh Mela being organized in the city of Allahabad, the students and institutions are being made to suffer,” the single judge remarked.

The Court added that it was difficult to understand and perceive as well as to how the State Government had not taken care of the education of students and the proper conduct of the examination of Board during this very period.

In view of this, the Court directed the Additional Chief Secretary (Home) UP and Additional Chief Secretary (Secondary Education) UP to file their personal affidavits as to how they would ensure proper conduct of the Board Examination during this period when part of the buildings of private aided institutions affiliated to the Board are being taken over and further how would they provide adequate facilities to these institutions in terms of rooms and places to conduct Board Examinations and home examinations as well

The Court also sought an explanation as to why the open places and fields of educational institutions falling in the heart of the city had not been taken over for these purposes.

The Court directed that if the proper affidavits are not filed on the next date (December 17), both the Secretaries will appear in person before the Court.

The Court passed this order while hearing a writ petition filed by the Committee Of Management Mahila Gram Inter College Subedarganj and another aggrieved with the ex-parte decision/order taken by the District Magistrate to acquire 8 rooms and other utility services of the Institution to station Forces of the State in view of the Magh Mela.

It was argued that though the action had been taken under the Disaster Management Act, 2005, the properties of the private institutions could not have been acquired, inasmuch as various schools and colleges are available in the city area where large fields are lying vacant, and the District Magistrate could have acquired those places.

It was further argued on behalf of the petitioners that though the Government Inter College is almost in the city area and other schools are also close to the Magh Mela area, places have not been acquired. Thus, he also pleaded discrimination.

It was further argued on behalf of the petitioners that the Board of High School and Intermediate Education, which is governed under the State Government, had not postponed the Board Examination for the Magh Mela period, and students and institutions will face hardships in their studies during this period.

Having heard the counsel for the petitioners, the Court said that prima facie, the acquisition of educational institutions' buildings would cause immense difficulties not only to the students but also to the management of the institutions in conducting the Board Examinations until and unless the Government decides to shift the Board Examinations to further future dates.

Thus, seeking a reply in the matter, the matter was posted for hearing next on December 17.