Supreme Court Agrees to Hear Challenge Against UGC's 2026 Equity Regulations
The Supreme Court of India has agreed to list for hearing a petition challenging the recently notified University Grants Commission (UGC) regulations on equity in higher education institutions. The plea specifically contests the definition of caste-based discrimination adopted in the regulations, arguing it excludes certain categories from institutional protection.
Legal Challenge Against Non-Inclusionary Definition
The petition, which will be heard by a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, argues that the UGC regulations have adopted a non-inclusionary definition of caste-based discrimination. According to the plea, the regulations define caste discrimination strictly as discrimination against members of the Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).
During the proceedings, a lawyer representing the petitioners emphasized the urgency of the matter, stating, "There is a possibility of discrimination against the general class. My case is 'Rahul Dewan and Ors vs Union'." In response, Chief Justice Surya Kant acknowledged the concern, saying, "We know what is happening. Make sure defects are cured. We will list it."
Details of the 2026 UGC Equity Regulations
The University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, were officially notified on January 13, 2026. These new regulations mandate that all higher education institutions must form "equity committees" to address discrimination complaints and promote equity on campus.
Key provisions of the regulations include:
- Equity committees must include representatives from OBC, SC, ST communities
- Mandatory inclusion of persons with disabilities on these committees
- Required representation of women in the committee composition
- These committees replace the largely advisory 2012 regulations
Controversy Over Exclusion of General Category
The primary contention in the petition is that by limiting the scope of caste-based discrimination only to SC, ST, and OBC categories, the UGC has effectively denied institutional protection to individuals belonging to the general or non-reserved categories. The petitioners argue that members of these categories may also face harassment or bias based on their caste identity but lack formal grievance redressal mechanisms under the new regulations.
The plea asserts that this exclusion creates an institutional gap where certain students and faculty members cannot seek protection against caste-based discrimination through the officially mandated equity committees.
Growing Protests and Demands for Rollback
Since the notification of these regulations, protests have emerged at various educational institutions across the country. Student groups and organizations have been demanding the immediate rollback of the regulations, arguing that they create unequal protection mechanisms within higher education institutions.
The Supreme Court's decision to hear the petition comes at a time when the debate around equity in higher education has intensified, with various stakeholders expressing concerns about the implementation and implications of the 2026 UGC regulations.
