Supreme Court stays UGC equity rules; says it is ‘capable of misuse’

The Supreme Court on Thursday put on hold the implementation of the University Grants Commission’s 2026 Promotion of Equity in Higher Education Institutions Regulations, noting that the provisions appeared, at first glance, to be unclear and open to potential misuse, according to Live Law.

A bench headed by Chief Justice Surya Kant, along with Justice Joymalya Bagchi, directed the Union government to revisit and redraft the regulations. Until a revised version is framed, the court said the rules would remain suspended, the report said.

During the hearing, the bench expressed concern over certain aspects of the framework. It questioned the need for a separate definition of “caste-based discrimination” when the broader definition of “discrimination” already encompassed all forms of unequal treatment. The judges also sought an explanation for why incidents of ragging had been kept outside the scope of the new regulations, Scroll.in reported.

The 2026 University Grants Commission Promotion of Equity in Higher Education Institutions Regulations, which were notified on January 13, have triggered protests from sections of upper-caste students, who have argued that the framework could be misused and may result in discrimination against students from the general category. Protesters have also claimed that the rules do not include safeguards against allegedly false complaints.

Three writ petitions challenging the regulations, particularly Section 3(c), were filed before the Supreme Court. This provision defines caste-based discrimination as discrimination against members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes.

One of the petitioners, advocate Vineet Jindal, argued that the definition was exclusionary in nature and failed to extend grievance redressal mechanisms and institutional protection to individuals outside these categories.

The 2026 equity regulations mandate higher education institutions to establish special committees, helplines and monitoring mechanisms to address complaints, with a particular focus on those raised by students from SC, ST and OBC communities.

The UGC had earlier introduced equity-related rules in 2012, which required institutions to set up Equal Opportunity Cells and appoint Anti-Discrimination Officers. However, those rules lacked enforcement provisions against non-compliant institutions.

Under the 2026 framework, the UGC is required to constitute a monitoring committee to oversee implementation. Institutions found violating the regulations risk being barred from UGC schemes, prohibited from offering degree programmes or online courses, and removed from the list of institutions eligible for central funding.