The Supreme Court has agreed to consider an urgent hearing on a petition challenging the constitutional validity of the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026. The plea was mentioned before Chief Justice of India Surya Kant, who said an early date of hearing could be assigned once procedural defects in the petition are removed.
The petition has been filed by social activist and entrepreneur Rahul Dewan, who argues that the new regulations could lead to discrimination and require immediate judicial scrutiny. This challenge is among at least three petitions filed against the 2026 regulations, which were notified on January 13 and replaced the earlier 2012 framework.
At the heart of the challenge is Regulation 3(c), which defines “caste-based discrimination” as discrimination against members of Scheduled Castes, Scheduled Tribes and Other Backward Classes. The petitioners contend that this definition assumes caste-based discrimination is one-directional, excludes students from the general category from protection, and creates a presumption of guilt without adequate safeguards. The pleas argue that the provision is arbitrary, violates fundamental rights, and goes beyond the powers granted under the UGC Act, 1956. An interim stay on the enforcement of the provision has also been sought.
The regulations mandate the creation of Equal Opportunity Centres and equity committees in higher education institutions to address complaints of discrimination and promote inclusion. While marginalised student groups have welcomed the move, critics claim the rules are vague and open to misuse. The government has defended the framework, stating that it operates within constitutional limits and that grievance redressal mechanisms are accessible to all students, faculty and staff.
