Supreme Court Stays UGC Equity Regulations 2026 Over Vagueness and Misuse Concerns
The Supreme Court of India has stayed the operation of the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, stating that the rules appear vague and may be misused.
A Bench led by Surya Kant, along with Joymalya Bagchi, ordered that the 2026 Regulations be kept in abeyance until further hearing. In the meantime, the older 2012 UGC Regulations will continue to apply.
Why the Supreme Court intervened
The Regulations were challenged by multiple petitioners who argued that the new framework discriminates against students from general categories and creates unequal treatment. The Court, during the hearing, expressed serious concerns about how the rules were framed and their wider social impact.
The Bench observed that the Regulations were prima facie unclear, especially in how they define “caste-based discrimination”. The judges questioned why caste-based discrimination was defined separately when a broader definition of “discrimination” already existed in the Regulations.
Key issues highlighted by the Court
The Court flagged several major problems with the 2026 Regulations:
- The language of the rules is vague and open to misuse
- Discrimination against general category students is not clearly addressed
- Ragging has been completely excluded from the framework
- The Regulations assume discrimination happens only on caste lines
- Proposed remedies, such as separate hostels for different castes, may deepen social divisions
The Chief Justice questioned whether such measures would take the country backwards instead of moving towards a casteless and inclusive society.
Arguments from the petitioners
One of the petitioners argued that the definition of caste-based discrimination protects only Scheduled Castes, Scheduled Tribes and OBCs, while ignoring discrimination faced by students from general categories. It was also argued that ragging incidents, which often cut across caste lines, were left without any remedy under the new Regulations.
The Bench agreed that harassment in educational institutions often occurs due to senior-junior hierarchies and regional differences, not only caste.
Court suggests review by expert committee
Instead of striking down the Regulations immediately, the Supreme Court suggested that they be reviewed by a committee of eminent jurists and social experts. The Court stressed that rules governing campuses must promote unity, fairness and social harmony, rather than create new divisions.
Justice Bagchi also noted that the principle of non-regression must apply, meaning that newer regulations should not offer weaker protections than earlier ones.
What happens next
The Court has issued notice to the Union Government and the University Grants Commission, with the matter scheduled for further hearing on March 19. Until then, the 2026 Regulations remain suspended.
Background of the Regulations
The 2026 Regulations were framed after a 2019 public interest litigation filed by the mothers of Rohit Vemula and Payal Tadvi, who had allegedly faced caste-based discrimination before their deaths. The Supreme Court had earlier asked the government to create a strong mechanism to prevent discrimination in universities.
After public consultations, the UGC notified the new Regulations in January 2026, replacing the 2012 framework. However, the new rules have faced strong opposition from different sections, leading to the present legal challenge.
