A plea has been filed in the Supreme Court challenging the validity of the UGC (Promotion of Equity in Higher Education Institutions) Regulations, 2026.
The petition claims the regulations promote "reverse discrimination" and "state-sponsored discrimination".
The petitioner, Advocate Vineet Jindal, argues the regulations deny equal protection by defining caste-based discrimination as only against SCs, STs, and OBCs.
Regulation 3(c) is specifically challenged for its "exclusionary, asymmetric and caste-specific definition" of caste-based discrimination.
Detailed Insights:
The petition argues that Regulation 3(c) infringes upon Article 19(1)(a), which protects free academic discourse, as it may lead to the weaponization of caste discrimination allegations.
The petitioner draws a parallel between the regulation and the Criminal Tribes Act, 1871, which was repealed for violating equality and constitutional morality.
The plea contends that the regulation presumes only certain castes can be victims of discrimination, thus excluding general or upper castes from its protection.
The petitioner argues that the regulation ignores the possibility of upper castes facing caste-based discrimination, undermining the broader objective of the regulations.
Key Concepts Involved:
Article 19(1)(a): Guarantees freedom of speech and expression, a fundamental right in the Indian Constitution.
Reverse Discrimination: Discrimination against members of a dominant or majority group in favor of members of a minority or historically disadvantaged group.
Constitutional Morality: Adherence to the core principles and values enshrined in the Constitution.