A provision of the Promotion of Equity in Higher Education Institutions Regulations, 2026, notified by the UGC on January 13 to prevent caste discrimination in higher education, has been challenged in the Supreme
Court. A public interest litigation (PIL) has been filed against this regulation, calling Rule 3(c) of the new UGC regulation arbitrary, discriminatory, and unconstitutional, seeking its repeal.
The petitioner alleges that this provision, under the guise of promoting equality in higher education institutions, promotes discrimination against certain classes (particularly the general category) and may lead to the exclusion of certain groups from education. The petition states that Rule 3(c) violates Article 14 (right to equality), Article 19 (freedom of expression), and Article 21 (personal liberty) of the Constitution. Furthermore, it is contrary to the provisions of the UGC Act, 1956, and undermines the fundamental objective of ensuring equal opportunity in higher education.
Protest At UGC Office
The UGC regulations have sparked nationwide discussions, drawing reactions from students, teachers, and social organisations in several states. On Tuesday, several students conducted protests outside the Commission headquarters, expressing concerns that the newly issued regulations might cause disruption on campuses.
The protest organisers have called for student solidarity, urging them to reject what they termed “UGC discrimination” and gather in large numbers to voice their opposition.
Alokit Tripathi, a PhD student from Delhi University, told PTI that the new rules would create chaos in colleges, as the burden of proof would shift to the accused, with no safeguards for those falsely accused. “The new regulations are draconian. The definition of victim is predetermined, and anyone on campus can be considered a victim,” Tripathi said.
“With the proposed Equity squads, it will feel like living under constant surveillance on campus,” he added, noting that students from various Delhi colleges are likely to join the protest.
What The New Rules Say?
The new UGC regulations aim to completely eliminate discrimination on campus based on caste, religion, gender, place of birth, disability, etc. These regulations mandate the establishment of equity committees in all higher education institutions (universities and colleges) to investigate complaints and take strict action against offenders (such as withholding degrees, revoking institution affiliation, etc.).
According to UGC data, complaints of caste discrimination in universities have increased by 118 per cent in the last five years. These rules were formulated at the direction of the Supreme Court, where an earlier petition demanded a strong mechanism to prevent discrimination on campus. The UGC notified these rules on January 13, following which many institutions were directed to form equity committees and implement anti-discrimination policies.
However, the petitioner argues that the definition and procedure for caste-based discrimination in Rule 3(c) are such that they may be biased against students and teachers from the general category. There is no provision for punishment for false complaints, which poses a risk of misuse. The petition demands that the Supreme Court examine the constitutional validity of this provision and ensure the protection of students’ fundamental rights. This case could reignite the debate on equality in higher education and the issue of merit versus reservation/equity.
While the government asserts that the changes aim to bring more fairness and accountability to higher education institutes, many critics fear they may deepen social divisions and create new challenges on university campuses.
