Supreme Court Stays New UGC Equity Rules, Flags Vagueness and Risk of Misuse
Top court says disputed regulations lack clarity and could be misused, orders continuation of 2012 UGC rules for now.
New Delhi: The Supreme Court on Thursday stayed the implementation of the University Grants Commission’s (UGC) newly notified equity regulations, citing concerns over vagueness and the potential for misuse. The order comes amid nationwide protests and multiple legal challenges questioning the constitutionality of the rules.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi issued notices to the Union government and the UGC while hearing petitions challenging the regulations, which were notified on January 23. The court directed that the earlier 2012 UGC regulations will continue to remain in force until further orders.
The petitioners argued that the new rules are arbitrary, exclusionary and discriminatory, and violate both the Constitution and the University Grants Commission Act, 1956. A key concern raised before the court was the definition of caste-based discrimination under Regulation 3(C).
According to the petitions, the regulations restrict the definition of caste-based discrimination to members of Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC). The challengers contended that this narrow definition denies grievance redressal and institutional protection to individuals from general or non-reserved categories who may also face discrimination or harassment based on caste identity.
While granting interim relief, the Supreme Court observed that the definition of caste-based discrimination in the new rules suffers from “complete vagueness” and could be misused. The bench noted that it was examining the regulations at the “threshold of constitutionality and legality.”
“The language needs to be re-modified,” the court said, stressing that educational institutions must foster a free, equitable and inclusive environment. The bench further remarked that the “unity of India must be reflected in our educational institutions.”
The court’s intervention follows growing unrest on university campuses. On Wednesday, students — mostly from the general category — staged protests at Delhi University’s North Campus, demanding the immediate withdrawal of the new UGC rules. The protesters alleged that the regulations promote division rather than equality and pointed out the absence of any binding provision ensuring representation or safeguards for general category students.
Political reactions have also emerged in response to the controversy. Earlier, Shyam Sundar Tripathi, Vice President of the BJP Kisan Morcha from the Salon constituency in Rae Bareli, resigned from his post, expressing strong opposition to the new UGC policies.
In a resignation letter addressed to Prime Minister Narendra Modi, Tripathi described the regulations as “dangerous and divisive,” stating that he could not support what he termed an unethical and discriminatory policy. He said backing such a law was against his self-respect and ideological beliefs.
The Supreme Court is expected to hear the matter further after responses are filed by the Centre and the UGC.
