Supreme Court defers challenge to UGC caste discrimination rules as centre reconsiders framework

The Union Government is reconsidering the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, which were framed to address caste-based discrimination in colleges and universities, the Solicitor General told the Supreme Court on Thursday.

Taking note of the submission, a Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi and Justice V Mohana adjourned the petitions challenging the regulations for four weeks. The regulations had earlier been stayed by the Supreme Court in January after the Court prima facie found that some of their provisions were vague and could potentially be misused.

During Thursday’s hearing, Solicitor General Tushar Mehta informed the Bench that the regulations were currently under reconsideration. He requested the Court to defer framing the issues to be decided until the government completes the process.

Senior Advocate Indira Jaising, assisted by Advocate Disha Wadekar, appeared for Radhika Vemula and Abeda Salim Tadvi, the mothers of Rohit Vemula and Payal Tadvi, who died by suicide after allegedly facing caste discrimination. Jaising requested that the Court prescribe a timeline for the government to take a decision.

During the hearing, an objection was raised regarding the maintainability of Jaising’s petition on the ground that the petitioners had a personal interest in the matter. Jaising responded that the petitioners were the mothers of two students who had died and questioned who else could raise the issue if they could not.

Jaising also pointed out that the petition was originally filed in 2019 and that it was pursuant to the proceedings that the Supreme Court had earlier directed the UGC to formulate regulations addressing caste-based discrimination in educational institutions.

The Bench clarified that it was not hearing arguments on the merits on Thursday and adjourned the matter for four weeks.

The latest UGC regulations were framed following a 2019 PIL filed by Radhika Vemula and Abeda Salim Tadvi, seeking a mechanism to prevent caste-based discrimination and hostility on campuses.

In early 2025, the Supreme Court had urged the Centre to develop a “very strong and robust mechanism” to effectively address caste discrimination in higher educational institutions. It also allowed petitioners and other stakeholders to submit suggestions on the draft regulations.

After considering the suggestions, the UGC notified the 2026 Regulations in January, replacing its earlier 2012 framework.

The regulations have since faced opposition from different sections. Some petitioners representing non-reserved categories have sought their withdrawal, alleging that the provisions discriminate against “general category” students. On the other hand, groups representing reserved categories have opposed any rollback.

Several petitions challenge the regulations, including Regulation 3(1)(c), which defines “caste-based discrimination”. Some petitioners have argued that the definition should be made caste-neutral.

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