The Supreme Court on Thursday stayed a recent University Grants Commission (UGC) regulation after various pleas were filed contending that the Commission adopted a non-inclusionary definition of caste-based discrimination and excluded certain categories from institutional protection.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi issued notices to the Centre and the UGC on the pleas challenging the regulation.
"If we don't intervene it will lead to dangerous impact, will divide the society and will have grave impact," the court said.
The court suggested that the regulations must be revisited by a committee comprising eminent jurists. The regulations are prima facie "vague" and are "capable of misuse", the court observed during the hearing.
CJI Kant asked if Regulation 3(e) would take care of all forms of discrimination.
"When a student of south India, suppose he gets admission in an institution of north India, or vice versa, and some kind of sarcastic, insulting or humiliating comments are made against such student, and the caste identity of the victim and the attackers are not known, will this provision (Regulation 3(e)) address the issue," CJI Kant asked.
The court said that by limiting the scope of "caste-based discrimination" only to SC, ST and OBC categories, the UGC has effectively denied 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 new regulations mandating all higher education institutions to form "equity committees" to look into discrimination complaints and promote equity were notified on January 13.
The court issued notice to the Union and the University Grants Commission on the petitions, returnable on March 19. Till then, the 2026 regulations are kept in abeyance. The court further ordered that the 2012 UGC regulations will operate in the meantime.
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 effectively denied 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.
Protests were held at various places against the regulations, with student groups and organisations demanding its immediate rollback.