UGC equity rules being reconsidered: Centre to SC, Pg5

Key Highlights:

• The Centre informed the Supreme Court that it is reconsidering the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026.
• These regulations, notified on January 13, 2026, were stayed by the Supreme Court on January 29, 2026.
• The Supreme Court's stay was prompted by challenges to Regulation 3(1)(c), which defines caste-based discrimination, with petitioners arguing it excluded general category students.
• The Court directed that the UGC (Promotion of Equity in Higher Education Institutions) Regulations, 2012, would continue to remain in force until further orders.
• The issue has garnered significant political attention and objections from various community groups.

Detailed Insights:

• The 2026 Regulations were designed to establish robust institutional mechanisms to prevent caste discrimination in higher education.
• Their formulation followed a 2019 Public Interest Litigation (PIL) filed by the mothers of Payal Tadvi and Rohith Vemula, seeking stronger anti-discrimination measures after their children's alleged suicides due to caste discrimination.
• Regulation 3(1)(c) specifically defined caste-based discrimination as that against members of Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).
• The Supreme Court deemed the 2026 Regulations "prima facie vague" and "capable of misuse," expressing concerns about "sweeping consequences" and the potential to "divide society."
• The 2012 Regulations, now revived, broadly prohibited discrimination based on caste, creed, religion, and mandated institutions to promote equality and establish equal opportunity cells.
• The 2026 Regulations had proposed new mandates such as the establishment of Anti-discrimination cells, appointment of Equity Officers, and formation of Equity Committees for grievance redressal.
• The Supreme Court questioned the regulations' scope, their impact on existing constitutional classifications, the concept of "separate yet equal," and the omission of "Ragging" as a specific form of discrimination.

Key Concepts Involved:

• UGC (University Grants Commission): A statutory body responsible for the coordination, determination, and maintenance of standards of university education in India.
• Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs): Constitutionally recognized categories of socially and educationally disadvantaged groups in India, eligible for affirmative action policies.
• Caste-based discrimination: Any form of prejudice, exclusion, or unfair treatment directed at individuals or groups based on their caste identity.
• Article 142 of the Constitution: Grants the Supreme Court discretionary power to pass any decree or order necessary for doing complete justice in any cause or matter pending before it.