Supreme Court Halts Implementation of 2026 UGC Regulations, Reinstates 2012 Rules, Court Raises Concerns Over Ambiguities and Potential Misuse of New Equity Regulations in Higher Education
In a significant development, the Supreme Court of India has put a hold on the enforcement of the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, citing concerns over ambiguities and potential misuse of its provisions. The court has reinstated the 2012 UGC Regulations until further notice, marking a notable pause in the proposed regulatory changes aimed at promoting equity in higher education.
The decision came in response to a series of writ petitions, led by petitioner Mritunjay Tiwari, challenging the 2026 regulations. The petitioners argued that the definition of "Caste-based Discrimination" in Clause 3(c) of the new regulations was restrictive and exclusionary, leaving individuals from non-reserved categories without remedies for discrimination.
The bench, comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, acknowledged that the regulations contained ambiguities and highlighted the potential for misuse. The court identified several substantial questions of law that require detailed examination, including whether the definition of caste-based discrimination aligns with the objectives of the 2026 regulations and whether the regulations adequately safeguard against discrimination of Extremely Backward Castes.
Additionally, the court will examine whether the omission of "Ragging" as a form of discrimination in the 2026 regulations constitutes unequal treatment under Articles 14 and 21 of the Constitution. The inclusion of the term "segregation" in the context of hostels and classrooms was also questioned, with the court set to consider its compatibility with constitutional guarantees of equality and fraternity.
The court has ordered that these issues be addressed in conjunction with related matters pending before a three-judge bench. The Solicitor General of India, Mr. Tushar Mehta, representing the respondents, accepted the notice issued by the court.
The Supreme Court's decision underscores the ongoing debate around the legal and constitutional dimensions of promoting equity in India's higher education institutions. The reinstatement of the 2012 regulations ensures continuity while the court examines the broader implications of the proposed changes.
Bottom Line:
University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026 - Clause 3(c) defining "Caste-based Discrimination" challenged as restrictive and exclusionary - Court directs regulations to be kept in abeyance and reinstates the 2012 UGC Regulations under Article 142 of the Constitution till further orders.
Statutory provision(s): Article 142 of the Constitution of India, Articles 14, 15, 21 of the Constitution, University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2012
Mritunjay Tiwari v. Union of India, (SC) : Law Finder Doc id # 2845327
