New Delhi: The Supreme Court on Wednesday agreed to list for hearing a petition challenging the University Grants Commission’s (UGC) ‘Promotion of Equity in Higher Education Regulations, 2026’, which limit caste-based discrimination grievance mechanisms to Scheduled Castes, Scheduled Tribes and Other Backward Classes.
A Bench led by Chief Justice of India Surya Kant assured an early listing after the matter was mentioned by counsel appearing for petitioner Rahul Diwan and others. The court asked the petitioners to cure procedural defects, observing that the issue raised was already within its knowledge.
The petitioner’s counsel argued that certain provisions of the 2026 regulations have the effect of promoting discrimination against individuals belonging to the general category by excluding them from the grievance redressal framework meant to address caste-based bias in higher educational institutions.
This is the second challenge before the apex court to the UGC regulations, which have sparked protests by students from the general category in different parts of the country. The regulations have been criticised for defining caste-based discrimination in a manner that restricts formal complaints to SC, ST and OBC communities, thereby excluding others from seeking institutional remedies.
Earlier, advocate Vineet Jindal had approached the Supreme Court contending that the exclusion of general category students from the grievance mechanism violates Articles 14, 15 and 21 of the Constitution, which guarantee equality, non-discrimination and the right to life and personal liberty. He has sought a declaration that denial of redressal based solely on caste identity amounts to impermissible state discrimination and has urged the court to stay the implementation of the regulations.
Notified on January 13, 2026, the UGC (Promotion of Equity in Higher Education Institutions) Regulations apply to all higher educational institutions across the country. Regulation 3(c) defines caste-based discrimination as discrimination against members of SC, ST and OBC communities. While the regulations state that their objective is to eradicate discrimination on grounds such as religion, race, gender, place of birth, caste and disability, petitioners argue that the grievance redressal structure does not reflect this broader intent.
The regulations mandate the establishment of Equal Opportunity Centres and Equity Committees in higher educational institutions to oversee implementation and address complaints from disadvantaged groups. However, the petitioners have maintained that the current framework, in its present form, denies protection and remedies to those outside the specified categories despite facing caste-based discrimination.
The legal challenge has its roots in earlier proceedings before the court. In 2019, a public interest litigation filed by the mothers of Rohith Vemula and Payal Tadvi had sought a robust mechanism to prevent caste-based discrimination on college campuses. Both students had allegedly died by suicide after facing discrimination in their institutions.
In March 2025, the Centre informed the Supreme Court that the UGC had prepared draft regulations to address these concerns. The court had emphasised the need for a strong and effective system to tackle discrimination in higher education and later permitted the UGC to finalise and notify the regulations. The upcoming hearing is expected to examine whether the notified rules meet constitutional standards of equality and inclusion.
