Amid widespread opposition to the new regulations introduced by the Centre, the Supreme Court on Thursday stayed the operation of the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, and directed the Centre to redraft the guidelines.
The Supreme Court on Thursday voiced serious concerns over the constitutionality of the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, observing that the framework may be vague, discriminatory, and open to misuse. A Bench of CJI Surya Kant and Justice Joymalya Bagchi noted, “Prima facie language of the regulations...there is complete vagueness...capable of misuse...some expert may advise remodulation,” while indicating that the rules require reconsideration by a panel of eminent jurists.
The court was hearing petitions filed by Mritunjay Tiwari, Vineet Jindal, and Rahul Dewan, challenging the regulations as biased against general category students.
Notices were issued to the Centre and UGC, and the 2026 Regulations were kept in abeyance until March 19, with the 2012 regulations to operate in the interim.
Justice Bagchi questioned the rationale behind Regulation 3(1)(c) when Regulation 3(1)(e) already defines discrimination, asking, “We are looking to create a free and equitable atmosphere in universities...how does 3c become relevant? Is it a redundancy?” CJI Kant warned that the provisions could have far-reaching consequences and risk “dividing the society.”
The Bench stressed that universities must promote unity and inclusiveness, cautioning against measures that could deepen social divisions rather than address genuine discrimination.
