Thursday, January 29

Supreme Court Stays UGC’s New Guidelines, Seeks Centre’s Response Over Misuse Concerns

The Supreme Court has put a stay on the University Grants Commission’s (UGC) “Promotion of Equity Regulations 2026,” citing concerns that the rules are unclear and susceptible to misuse. The top court has asked the central government to respond on the matter.

The regulations, issued by UGC on January 23, aimed to promote equality in higher education institutions. However, several petitioners challenged the guidelines, claiming they were arbitrary, discriminatory, and in violation of the Constitution and the UGC Act, 1956.

The court’s decision comes as relief for those opposing the regulations. Petitioners argued that the rules undermined the principle of equality and could exclude certain groups. They also contended that the regulations contravened provisions of the UGC Act. With the Supreme Court’s intervention, the new rules have been temporarily barred from implementation, and the 2012 regulations will continue to apply until further orders. The next hearing is scheduled for March 19.

Court Raises Concerns About Clarity and Misuse
A bench comprising Chief Justice Suryakant and Justice Joymalya Bagchi noted during the hearing that the language used in the new regulations was ambiguous and could be misused. Justice Bagchi observed that the terms in the regulations could potentially be exploited, and emphasized the need to maintain a fair and inclusive environment in society. He also questioned the necessity of introducing two new “C” provisions when three existing “E” principles were already in place, highlighting concerns over the relevance and purpose of the new rules.

Petitioners’ Arguments
Petitioners, through advocate Vishnu Shankar Jain, challenged Section 3(C) of the UGC Act, calling it unconstitutional. Jain argued that the provision was based on an assumption that students from the general category faced discrimination. Chief Justice Suryakant clarified that the court’s role was limited to examining the legal validity and constitutionality of the provisions.

With this order, the Supreme Court has ensured that any potential misuse of the new UGC guidelines is prevented while a thorough review of their legality is conducted.


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