SC stays UGC’s new equity regulations, cites risk of societal division

The Supreme Court on Thursday stayed the implementation of the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, citing concerns that the rules could divide society and have “grave repercussions.” The apex court issued notice to the Centre and the UGC and directed that the 2012 UGC Regulations will continue to operate until further orders.

The order came from a Bench of Chief Justice of India Surya Kant and justice Joymalya Bagchi, which was hearing petitions challenging the new regulations on the grounds that they could discriminate against individuals in the general category and deny them effective grievance redressal mechanisms.

Invoking its extraordinary powers under Article 142 of the Constitution to ensure “complete justice,” the Bench ruled that the 2012 regulations will remain in force while the matter is being considered. The case has been listed for further hearing on 19 March.

“If we don’t intervene, it will have a dangerous impact. It will divide society and have grave repercussions,” the Bench observed during the hearing, signaling the court’s concern over the potential social consequences of the new framework.

The petitions argued that the 2026 regulations institutionalise discrimination by restricting the scope of “caste-based discrimination” to Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBCs), thereby excluding individuals from general or upper-caste categories. Petitioners contended that this definition accords legal recognition of victimhood only to certain reserved groups, irrespective of the nature or severity of discrimination faced by others.

The plea further sought directions to ensure that Equal Opportunity Centres, Equity Helplines, inquiry mechanisms, and Ombudsperson proceedings under the new regulations are accessible in a “non-discriminatory and caste-neutral manner,” pending reconsideration or amendment of Regulation 3(c).

The petition claimed that denying grievance redressal based on caste identity amounts to impermissible state discrimination and violates Articles 14, 15(1), and 21 of the Constitution, which guarantee equality, non-discrimination, and the right to life and personal liberty.

Earlier, the matter was listed for urgent hearing after the petitioners flagged defects in their filing. The CJI had assured the counsel that the case would be heard once procedural deficiencies were corrected, stating, “We know what’s happening. Make sure defects are cured. We will list it.”

With the Supreme Court staying the 2026 regulations, educational institutions across the country will continue to operate under the 2012 UGC anti-discrimination framework until further notice, maintaining the status quo on grievance mechanisms and equity protections.

With IANS inputs