SC stays UGC caste discrimination regulations, restores 2012 norms
The apex court orally observed that if does not intervene in the matter, it will lead to a dangerous impact and divide the society.
PTI
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The SC ruled after multiple pleas contended that the UGC's definition of caste-based discrimination was 'non-inclusionary' (AI)
New Delhi, 29 Jan
The Supreme Court on Thursday stayed the recent UGC Equity
Regulations on preventing caste-based discrimination on campuses, observing
they are prima facie "vague" and "capable of misuse".
The apex court orally observed that if does not intervene in
the matter, it will lead to a dangerous impact and divide the society.
The Supreme Court order came after various pleas were filed
contending that the University Grants Commission (UGC) adopted a
"non-inclusionary" definition of caste-based discrimination and
excluded certain categories from institutional protection.
The regulations had triggered protests at various places,
with student groups and organisations demanding its immediate rollback.
While issuing notice to the Centre and the UGC, a bench of
Chief Justice Surya Kant and Justice Joymalya Bagchi suggested that the
regulations must be revisited by a committee comprising eminent jurists.
"Issue notice, returnable on March 19. Solicitor
General accepts notice.... Meanwhile, let UGC Regulations 2026 shall remain in
abeyance and 2012 regulations shall continue," the bench said.
During the hearing, the bench observed, "Prima facie,
we say that the language of the regulation is vague. Experts need to look into
for the language is modulated so that it is not exploited."
The new regulations mandating all higher education
institutions to form "equity committees" to look into discrimination
complaints and promote equity were notified on 13 January.
The University Grants Commission (Promotion of Equity in
Higher Education Institutions) Regulations, 2026, mandated that these
committees must include members of the Other Backward Classes (OBC), the
Scheduled Castes (SC), the Scheduled Tribes (ST), persons with disabilities,
and women.
The new regulations replaces the UGC (Promotion of Equity in
Higher Educational Institutions) Regulations, 2012, which was largely advisory
in nature.
The pleas assailed the regulation on the grounds that
caste-based discrimination is defined strictly as discrimination against
members of the SCs, STs and OBCs.
It said that by limiting the scope of "caste-based
discrimination" only to SC, ST and OBC categories, the UGC has effectivelydenied institutional protection and grievance redressal to individuals
belonging to the "general" or non-reserved categories who may also
face harassment or bias based on their caste identity.
The top court was hearing pleas challenging the
constitutional validity of UGC Equity Regulations 2026 filed by Mritunjay
Tiwari, advocate Vineet Jindal and Rahul Dewan.
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