Supreme Court agrees to list for hearing plea against UGC regulation

The plea challenges the regulations on the grounds that caste-based discrimination is narrowly defined as discrimination against members of SC, ST, and OBC communities.

The Supreme Court on Wednesday agreed to list a plea challenging the University Grants Commission’s (UGC) recently notified regulations on equity in higher education, citing concerns that the rules adopt a non-inclusionary definition of caste-based discrimination and exclude certain groups from institutional protection.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi took note of submissions by a lawyer requesting an urgent hearing of the matter.

“There is a possibility of discrimination against the general class. My case is ‘Rahul Dewan and Ors vs Union’,” the lawyer said during the proceedings.

Responding to the submissions, the Chief Justice said, “We know what is happening. Make sure defects are cured. We will list it.”

The regulations, notified on January 13, mandate that all higher education institutions must form “equity committees” to address discrimination complaints and promote equity on campus. The committees are required to include representatives from the Other Backward Classes (OBC), Scheduled Castes (SC), Scheduled Tribes (ST), persons with disabilities, and women.

These new rules replace the UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012, which were largely advisory.

The plea challenges the regulations on the grounds that caste-based discrimination is narrowly defined as discrimination against members of SC, ST, and OBC communities.

By restricting the scope of “caste-based discrimination” to these categories, the UGC has, according to the petition, effectively denied institutional protection and grievance redressal to individuals from the general or non-reserved categories who may face harassment or bias based on their caste identity.

The regulations have sparked protests across the country, with student groups and organisations demanding their immediate rollback.