SC stays UGC regulations on caste discrimination, says it is 'capable of misuse'
The court expressed concerns that failing to intervene could lead to dangerous societal impacts and divisions.
The court expressed concerns that failing to intervene could lead to dangerous societal impacts and divisions.
The court expressed concerns that failing to intervene could lead to dangerous societal impacts and divisions.
New Delhi: The Supreme Court stayed the recent University Grants Commission (UGC) Equity Regulations aimed at preventing caste-based discrimination on campuses, stating that they are, prima facie, "vague" and "capable of misuse."
The court expressed concerns that failing to intervene could lead to dangerous societal impacts and divisions. This decision followed various petitions arguing that the UGC adopted a "non-inclusionary" definition of caste-based discrimination and excluded certain groups from institutional protection.
The new regulations had triggered protests in multiple locations, with student groups and organisations demanding their immediate rollback.
While issuing a notice to the Centre and the UGC, a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi suggested that a committee of distinguished jurists should revisit the regulations. The bench stated, "Issue notice, returnable on March 19. The Solicitor General accepts notice. Meanwhile, let the UGC Regulations 2026 remain in abeyance, and the 2012 regulations shall continue."
During the hearing, the bench remarked, "Prima facie, we believe that the language of the regulation is vague. Experts need to revise the language to prevent exploitation."
The new regulations, notified on January 13, require all higher education institutions to establish "equity committees" to address discrimination complaints and promote equity. The UGC (Promotion of Equity in Higher Education Institutions) Regulations, 2026, stipulate that these committees must include members from Other Backward Classes (OBC), Scheduled Castes (SC), Scheduled Tribes (ST), persons with disabilities, and women.
These new regulations replace the UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012, which were primarily advisory in nature. The petitions challenged the regulations on the grounds that caste-based discrimination is narrowly defined as discrimination against SC, ST, and OBC members.
By limiting the scope of "caste-based discrimination" to only these categories, the UGC has effectively denied institutional protection and grievance redressal to individuals from "general" or non-reserved categories who may also experience harassment or bias based on their caste identity.
The Supreme Court was hearing petitions challenging the constitutional validity of the UGC Equity Regulations 2026, which were filed by Mritunjay Tiwari, advocate Vineet Jindal, and Rahul Dewan.