The Supreme Court on Thursday stayed the University Grants Commission's 2026 regulations, while directing the higher education institutions to adhere to the 2012 framework until further orders.
A bench led by Chief Justice of India Surya Kant held that the rules required a fresh review, highlighting serious ambiguities that might result in misuse. The Supreme Court also sought responses from the Centre and the UGC. The matter has been scheduled for further hearing on March 19.
As per the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, issued on Jan. 13, all higher education institutions are mandated to constitute Equity Committees with representation from Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC).
The framework also provides for Equal Opportunity Centres, Equity Helplines, Equity Ambassadors and Equity Squads, setting out detailed mechanisms for reporting caste-based discrimination, addressing grievances, monitoring compliance and imposing penalties, including exclusion from UGC schemes.
Explained: UGC 2012 Regulations
The UGC first formalised safeguards against caste-based discrimination in higher education institutions in 2012, rolling out a nationwide framework to address grievances raised by SC and ST students, as well as discrimination rooted in religion, gender and language.
The 2012 framework laid down several key requirements:
- Anti-Discrimination Officer: Every institution was required to designate an officer to handle discrimination-related complaints.
- Equal Opportunity Cell: Universities and colleges were directed to establish a dedicated cell to ensure fair access and treatment.
- Defined timeframe: The rules prescribed a 60-day period for the disposal of complaints.
- Redressal mechanism: Complaints had to be submitted in writing to the designated officer, who would examine the allegations and report to the administration, with strict action recommended against those found guilty.
Under the 2012 framework, higher education institutions were directed to adopt measures to prevent discrimination on campus. These included protecting students' interests irrespective of caste, religion, language, ethnicity, gender or disability, actively preventing harassment in any form, and fostering equality across all sections of society.
Where The Rules Fell Short
The 2012 regulations were criticised for failing to define punitive action against those found to have made false complaints. Questions were also raised about the credibility of investigations, as the enquiry process relied entirely on internal authorities.
The 2026 regulations triggered protests across the country, with critics warning that the changes could sharpen caste-based divisions across universities and higher education institutions. Following the Supreme Court's stay, universities and colleges will continue to follow the 2012 rules while the matter remains under judicial scrutiny.
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