The Supreme Court on Thursday put a stay on the new University Grants Commission (UGC) regulations until further orders, citing lack of clarity and the possibility of misuse. A Bench led by Chief Justice of India Justice Suryakant and Justice Joymalya Bagchi said that several provisions of the rules were vague and could lead to unintended consequences.
The court passed the order while hearing petitions filed by Mritunjay Tiwari, Advocate Vineet Jindal, and Rahul Diwan, who challenged the validity of the new regulations. The petitioners argued that the rules discriminate against students from the general category. The UGC had notified the new rules on January 13, following which protests erupted across the country.
Supreme Court Issues Notice to Centre and UGC
The Supreme Court has now issued notices to the Central Government and the UGC, seeking their response. It has also directed them to prepare a fresh draft of the regulations. The next hearing in the matter is scheduled for March 19. Until then, the court ordered that the 2012 UGC regulations will continue to remain in force nationwide.
Key Observations Made by the Court regarding New UGC Rules
During the hearing, the court raised several important questions. It asked why there was a need to separately define “caste-based discrimination” when the existing definition of discrimination already covers all forms of unfair treatment. The Bench also questioned why ragging, a major issue on campuses, was not included in the new regulations.
The Chief Justice expressed concern over the proposal to create separate hostels for different castes, strongly opposing the idea. He said educational institutions must reflect India’s unity and shared living culture. The CJI also remarked that India has progressed toward a caste-neutral society, with inter-caste marriages becoming common, and warned against reversing that progress.
About the New UGC Rules
The New UGC Rules are titled “Promotion of Equity in Higher Education Institutions Regulations, 2026.” Their objective is to prevent caste-based discrimination against SC, ST, and OBC students in colleges and universities. The regulations direct institutions to set up special committees, helplines, and monitoring teams to address complaints from students belonging to these communities.
The government has argued that these measures aim to improve fairness, accountability, and inclusiveness in higher education institutions.
Opposition from General Category Students
However, students from the general category and several legal experts have opposed the rules. They allege that the definition of caste-based discrimination is narrow and exclusionary. Critics argue that the rules treat general category students as “natural offenders”, which could lead to false cases and campus unrest.
Advocate Vishnu Shankar Jain, who challenged Rule 3(C), argued that the broader definition of discrimination already exists under Rule 3(e). He questioned the need for a separate provision that assumes only certain communities face caste-based discrimination.
Concerns Over Misuse and Ragging
The court also discussed scenarios where students from other regions or communities face harassment. It questioned whether the new rules would address such cases. Lawyers highlighted that the absence of a clear definition of ragging could result in misuse, where routine campus disputes may be wrongly labelled as caste-based discrimination.
In conclusion, the Supreme Court emphasized that the New UGC Rules issue involves constitutional validity and requires careful examination. The Bench suggested forming an expert committee to draft balanced rules that protect students’ rights without encouraging misuse.
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