Will the Supreme Court Address Concerns Over UGC's New Equity Regulations?
Synopsis
Key Takeaways
New Delhi, Jan 28 (NationPress) - The Supreme Court has consented to urgently schedule a hearing for a petition that contests the University Grants Commission’s (UGC) Promotion of Equity in Higher Education Institutions Regulations, 2026. During the urgent listing request, Chief Justice of India (CJI) Surya Kant reassured the counsel for the petitioner that the case would be addressed once the petition's defects are rectified.
The lawyer raised concerns that the regulations may lead to discrimination against individuals in the general category, highlighting the lack of effective grievance redressal mechanisms for such individuals.
In reply, CJI Kant acknowledged the court's awareness of the ongoing issues.
“We are aware of the situation. Please ensure the necessary corrections are made. We will schedule the hearing,” stated the CJI.
This petition questions the UGC’s Equity Regulations, claiming that the framework institutionalizes discrimination by failing to provide grievance redressal mechanisms for individuals not belonging to Scheduled Castes, Scheduled Tribes, or Other Backward Classes.
It argues that these regulations contradict the principles of equality and fair access to remedies within higher education institutions.
The petition also asserts that the regulation limits the definition of “caste-based discrimination” to members of these reserved categories only.
This definition, it claims, grants legal recognition of victimhood exclusively to certain groups while excluding those from general or upper castes from protective measures, irrespective of their discrimination experiences.
The petition further calls for the establishment of Equal Opportunity Centres, Equity Helplines, inquiry mechanisms, and Ombudsperson proceedings under the regulations to be accessible in a non-discriminatory and caste-neutral manner, pending a review or amendment of Regulation 3(c).
It contends that denying access to grievance redressal mechanisms based on caste identity constitutes unacceptable state discrimination and infringes upon Articles 14, 15(1), and 21 of the Constitution.