The
Supreme Court on Thursday stayed the University Grants Commission (UGC) Promotion of
Equity Regulations 2026, saying they are prima facie
vague and capable of misuse. The apex court further directed the Centre to
redraft the regulations, and said that until then, the implementation of new
rules will be kept in abeyance.
A
Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi stayed the
regulations while hearing pleas challenging their constitutionality. The
petitioners have argued that the regulations are discriminatory against the
"general category".
During
the hearing, the Court questioned the need to define “caste-based
discrimination” separately in the regulations when the broader definition of
"discrimination" already encompasses all forms of discriminatory
treatment. The Bench said that there is complete vagueness in regulation 3 (C)
(which defines caste-based discrimination), and it can be misused. "The
language needs to be re-modified," it added.
Further,
a counsel appearing for a petitioner submitted, "Why do the regulations
not address ragging and why is it assumed that only caste-based discrimination
exists? There are divisions based on junior-senior everywhere, and most
harassment happens on those lines," he said.
Upon
hearing the submission, Justice Bagchi also questioned the omission of ragging
from the rules.
After
hearing the arguments, the Court ruled that the 2026 regulations be kept in
abeyance. "In exercise of Article 142, we direct that the 2012 Regulations
will continue in force till further orders," it said.
Further
talking to the Solicitor General (SG) of India, Tushar Mehta, CJI said,
"Mr SG, we would like to have your response. Today, we do not want to pass
any order...some committee should be there with eminent jurists who understand
social values and the ailments society is facing. How entire society should
grow...how people are going to behave outside campus if we create this...they
must apply their mind".
The
UGC notified the Promotion of Equity in Higher Education Institutions
Regulations, 2026, on January 13, making it mandatory for all higher education
institutions to constitute equity committees to address complaints related to
discrimination on campuses. These committees must include representatives from
Other Backwards Classes (OBCs), Scheduled Castes (SC), Scheduled Tribes (ST),
persons with disabilities (PwDs), and women.
The
notification has sparked widespread criticism from general category students,
who claim that the framework could lead to discrimination against them. Earlier
on Wednesday, students, mostly belonging to the general category, staged a
protest at Delhi University's North Campus against the equity rules, demanding
their immediate withdrawal, reported PTI. Similarly, protests have also been
carried out in other cities.