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The Supreme Court on Thursday (January 29) stayed the University Grants Commission (UGC) Regulation 2026 that pertained to the definition of caste discrimination. The top court asked the Centre to redraft the regulations, and till then, its operation should be kept in abeyance.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said, "We want a free, equitable, and inclusive atmosphere in educational institutions. Unity of India must be reflected in our educational institutions."
The court said the provisions were prima facie vague and were capable of misuse.
The new regulations mandating all higher education institutions to form "equity committees" to look into discrimination complaints and promote equity were notified on January 13.
The UGC (Promotion of Equity in Higher Education Institutions) Regulations, 2026, mandated that these committees must include members of the Other Backward Classes (OBC), the Scheduled Castes (SC), the Scheduled Tribes (ST), persons with disabilities, and women.
The new regulations replaced the UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012, which was largely advisory in nature.
The plea assailed the regulation on the grounds that caste-based discrimination is defined strictly as discrimination against members of the SCs, STs, and OBCs.
It said that by limiting the scope of "caste-based discrimination" only to SC, ST, and OBC categories, the UGC has effectively denied institutional protection and grievance redressal to individuals belonging to the "general" or non-reserved categories who may also face harassment or bias based on their caste identity.
Protests were held at various places against the regulations, with student groups and organisations demanding its immediate rollback.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said, "We want a free, equitable, and inclusive atmosphere in educational institutions. Unity of India must be reflected in our educational institutions."
The court said the provisions were prima facie vague and were capable of misuse.
The new regulations mandating all higher education institutions to form "equity committees" to look into discrimination complaints and promote equity were notified on January 13.
The UGC (Promotion of Equity in Higher Education Institutions) Regulations, 2026, mandated that these committees must include members of the Other Backward Classes (OBC), the Scheduled Castes (SC), the Scheduled Tribes (ST), persons with disabilities, and women.
The new regulations replaced the UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012, which was largely advisory in nature.
The plea assailed the regulation on the grounds that caste-based discrimination is defined strictly as discrimination against members of the SCs, STs, and OBCs.
It said that by limiting the scope of "caste-based discrimination" only to SC, ST, and OBC categories, the UGC has effectively denied institutional protection and grievance redressal to individuals belonging to the "general" or non-reserved categories who may also face harassment or bias based on their caste identity.
Protests were held at various places against the regulations, with student groups and organisations demanding its immediate rollback.
