Supreme court stays UGC's new equity rules, cites ambiguity and misuse concerns

New Delhi (The Uttam Hindu): The Supreme Court has taken a major step regarding the new University Grants Commission (UGC) regulations, which have become a subject of nationwide controversy. On Thursday, a bench headed by Chief Justice of India (CJI) Surya Kant immediately stayed the implementation of the "UGC Promotion of Equity Regulations 2026." The court clarified that the language of these regulations lacks clarity and poses a potential for misuse, making their review essential.

Centre asked for reply, instructions to form committee

During the hearing, the Supreme Court issued a notice to the Central Government, seeking its response. The CJI directed the Solicitor General (SG) to present his views on the matter and to form a committee of eminent experts to review the regulations. The CJI remarked that the language of the regulations appears to be ambiguous at first glance. This needs to be reformed so that society can develop without discrimination. The court directed the government to redraft the regulations, and until then, the new rules that replace the old ones will remain in place.

Is there no remedy for ragging for the general category?

Vishnu Shankar Jain, the lawyer representing the petitioner, strongly argued in court. He stated that Section 3C of the rules violates Articles 14 (equality) and 19 of the Constitution. During the arguments, a lawyer pointed out to the court that if a student from the general category attends college and is subjected to ragging, they have no basis for complaint or remedy under these new rules. The CJI expressed surprise and asked, "Is the general category not covered?" The lawyer replied, "Absolutely not; these rules promote caste-based discrimination."

Judge's comment: Situation should not become like America

Justice Bagchi also made important observations during the hearing. He stated that Article 15(4) certainly empowers states to enact special laws for reserved classes, but progressive legislation should not be regressive. Citing American history, he said, "We hope we are not heading back to the segregated schools of America, where Blacks and Whites attended separate schools." The Chief Justice agreed with this concern and acknowledged that such a situation could be exploited.

There was uproar across the country

It's worth noting that these new UGC regulations sparked nationwide uproar, with many arguing that they were creating a divide among students. Senior advocate Indira Jaising also informed the court that a petition challenging the 2012 regulations, which have now been replaced by the 2026 regulations, has been pending since 2019. This Supreme Court order will force the central government to reconsider its policy.