Court on Its Own Motion v. State of HP

Court on its own motion vs. State of H.P. and others

CMP Nos. 19723 & 19865 of 2026 in

CWPIL No. 146 of 2017 and (Item S-5)

06.08.2026 Present: M/s. Jeevesh Sharma, Ravi Tegta & Kulwant Singh Gill, Advocates, for the applicant.

Mr. Varun Chandel, Additional Advocate General, for the respondents/State.

CMP Nos. 19723 of 2026.

The application has been filed by the Principal, Government Senior Secondary School, Theog, for organizing the sports meet in the playground of Government Senior Secondary School, Theog (Boys), District Shimla, on 15th and 16th August, 2026.

It has been averred that the Mela Committee has been constituted at Tehsil Theog to organize a festival called "Theog Utsav" and that the Sub Divisional Magistrate (Theog) and the Principal are members of the Mela Committee. Therefore, the application has been filed for the said purpose. The school is stated to be closed on 15th and 16th August, 2026, and it is clarified by the learned counsel for the State that, apart from the official function to be organized on Independence Day, there shall be no classes. Learned counsel has also referred to the earlier order passed on 8th August, 2025 in CMP No. 19086 of 2025 in CWPIL No. 146 of 2017, granting similar relief. Accordingly, we allow the application subject to the following conditions:-

(i) That no damage shall be caused to the property of the school and its playground, where the event is proposed to be organized.

(ii) That after the event is over, the playground shall be handed over to the Principal of the school aforesaid in a neat and clean condition and it shall be ensured that no plastic is used except that 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.11000/- in the Students Welfare Fund of the school concerned.

(v) That the said event on 15th August, 2026 shall be permitted only after the State's function is over.

The application stands disposed of.

CMP No. 19865 of 2026

The application has been filed for conducting a cultural programme in the school ground of Government Senior Secondary School, Dofda, P.O. Dofda, Tehsil Rampur, District Shimla, H.P., on 8th August, 2026 through the President of the Gram Panchayat. It has been averred that 8th August, 2026 would be a school holiday. The Principal has been approached but has not granted the permission, as he does not have any authority to grant the same. It has been submitted that the function, as such, would bring awareness among the youth regarding the consequences of drug use. Resultantly, it would be

beneficial for the students themselves. We allow the application subject to the following conditions:-

(i) That no damage shall be caused to the property of the school and its playground, where the event is proposed to be organized.

(ii) That after the event is over, the playground shall be handed over to the Principal of the school aforesaid in a neat and clean condition and it shall be ensured that no plastic is used except that 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.10000/- in the Students Welfare Fund of the school concerned.

The application stands disposed of.

(G.S. Sandhawalia)

Chief Justice

(Bipin C. Negi)

Judge

06th August, 2026

(Tarun Singh)