New Delhi: The Supreme Court has directed that the recently notified University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, be kept in abeyance, observing that the regulations are “prima facie vague” and “capable of misuse.”
A Bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi ordered that the 2012 Regulations shall continue to remain in force while the constitutional validity of the new framework is examined.
The controversy centres on Regulation 3(1)(c), which defines “caste-based discrimination” specifically as unfair treatment directed towards members of Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).
The petitioners, including Advocate Vineet Jindal and Rahul Dewan, argued that this definition is “non-inclusionary” and “manifestly arbitrary” as it excludes students and faculty from the “general” or non-reserved categories who may also face caste-based hostility.
Counsel for the petitioners contended that the regulations violate Article 14 (Right to Equality) and Article 15(1) of the Constitution by creating a “hostile classification” based solely on caste. It was argued that the regulations proceed on an “untenable presumption” that discrimination operates only in one direction, thereby ignoring the possibility of “reverse discrimination.”
The petitioners also pointed out that the regulations are redundant, as Regulation 3(1)(e) already provides a general definition of discrimination that could cover all students, regardless of identity.
During the proceedings, the Bench expressed sharp concerns over the potential for social segregation. Chief Justice Surya Kant questioned whether the framework was taking the country backwards, asking, “Whatever we have gained in terms of achieving a casteless society, are we now becoming regressive?”
The Court also flagged a proposed remedial provision for separate hostels for different castes, with the CJI remarking, “For God’s sake, don’t do this! We all used to stay together.”
Justice Bagchi emphasised that the “unity of India” must be reflected in educational institutions and questioned why a broader, more inclusive policy from 2012 was being replaced by a narrower framework.
The Bench warned that the 2026 rules could have “sweeping consequences” and a “dangerous impact” by effectively dividing society.
The Supreme Court has issued notice to the Centre and the University Grants Commission, returnable on March 19, 2026. The Court suggested that the government consider constituting a committee of eminent jurists and scholars to revisit and potentially redraft the regulations to ensure they are inclusive and constitutionally compliant.
Until further orders, the status quo ante shall remain, meaning Higher Education Institutions (HEIs) must continue to follow the 2012 UGC Regulations.
The 2026 Regulations were originally notified on January 13, 2026, and were intended as a robust response to a 2019 PIL filed by the mothers of Rohith Vemula and Payal Tadvi, seeking stricter anti-discrimination measures following their children’s suicides.
While some officials and political leaders, including the Tamil Nadu Chief Minister, welcomed the rules as a necessary safeguard for marginalised communities, the notification triggered widespread protests across Uttar Pradesh, Delhi, and Bihar. Protesters labelled the rules a “black law” and criticised the lack of representation for general category members in the mandated equity committees.
Case Title: Vineet Jindal v. Union of India & Anr.
