Supreme Court to hear petitions against UGC's equity regulations

The Supreme Court is set to hear three petitions challenging the University Grants Commission's new equity regulations on Thursday, amid debates over caste discrimination in higher education. The 2026 rules aim to address rising complaints but face opposition from upper-caste groups alleging exclusion and potential misuse. Education Minister Dharmendra Pradhan has assured no harassment will occur.

The University Grants Commission (UGC) notified the Promotion of Equity in Higher Education Institutions Regulations, 2026, on January 13, replacing its 2012 framework. These regulations mandate the establishment of equal opportunity centres, equity committees, and equity squads in universities, colleges, and deemed institutions to handle complaints of discrimination and promote inclusion. They stem from an August 2019 Supreme Court petition seeking stronger anti-discrimination measures.

UGC data submitted to the Parliamentary Standing Committee on Education in 2025 reveals a sharp rise in reported caste-based discrimination complaints on campuses, from 173 in 2019-20 to 378 in 2023-24. The new rules explicitly name caste discrimination and institutionalize redress mechanisms, building on the 2012 provisions that recognized social discrimination.

However, the regulations have sparked controversy. Marginalized student groups, including those from Scheduled Castes, Scheduled Tribes, and Other Backward Classes, have welcomed them, but upper-caste organizations and students oppose, claiming the rules are vague and prone to misuse. Petitions before the Supreme Court, filed by activist Rahul Dewan, post-doctoral researcher Mrityunjay Tiwari from Banaras Hindu University, and advocate Vineet Jindal, challenge Regulation 3(c). This clause defines caste-based discrimination as occurring 'only on the basis of caste or tribe' against SC, ST, and OBC members, which petitioners argue presumes unidirectional discrimination, excludes general category students, and violates fundamental rights.

The pleas seek to strike down the provision, read it down for inclusivity, or impose an interim stay. One petition was urgently mentioned before Chief Justice Surya Kant on Wednesday by advocate Parth Yadav, leading to the scheduled hearing.

Union Education Minister Dharmendra Pradhan addressed concerns on Tuesday, stating, 'I want to humbly assure everyone that no one is going to face any harassment. There will be no discrimination and no one will have the right to misuse the regulation in the name of discrimination.' He emphasized that misuse will 'not be allowed against anybody.' Government officials have ruled out any rollback, insisting the framework protects all stakeholders.

Critics highlight potential challenges, including false complaints, strained resources for inquiries, and punitive actions like derecognition for non-compliance. The backlash underscores ongoing tensions over privilege and historical exclusion in diverse classrooms, echoing the Mandal Commission's impact on affirmative action.

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