SC Stays UGC Equity Rules 2026, Warns of Social Divide
Top court puts new regulations on hold, restores 2012 norms; flags risk of segregation in campuses
- Supreme Court stays UGC Equity Regulations 2026, keeps them in abeyance
- 2012 UGC regulations to continue till further orders
- CJI warns rules may “divide society” and have sweeping consequences
- Centre asked to form panel of eminent jurists to review provisions
GG News Bureau
New Delhi, 29th Jan: In a significant order, the Supreme Court on Thursday stayed the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, observing that the rules raise serious constitutional and social concerns that could have “very sweeping consequences” and potentially divide society.
A bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued notice to the Centre and the UGC on multiple petitions challenging the regulations. Exercising powers under Article 142, the court directed that the 2026 Regulations be kept in abeyance and that the 2012 UGC Regulations will continue to remain in force until further orders.
CJI Surya Kant cautioned that the new framework could have a dangerous societal impact. “There are 4-5 questions which arise for consideration. Otherwise, this will have very sweeping consequences. It will divide the society,” the Chief Justice observed.
Justice Bagchi drew parallels with racial segregation in the United States, warning against fragmented educational spaces. “We should not go to a stage where we go to segregated schools… The unity of India must be reflected in the educational institutions,” he said.
The bench particularly questioned Section 3(1)(c) of the 2026 Regulations, noting that similar protections already exist under Clause 3(1)(e) of the earlier rules. The court asked why a separate provision was introduced when existing clauses already covered discrimination.
The judges also flagged concerns about vagueness and possible misuse of the new provisions, with petitioners arguing that the language of the regulations was unclear and could lead to selective targeting.
Raising broader constitutional concerns, Justice Bagchi referred to the principle of non-regression in social justice laws, asking why protections appeared to be diluted compared to the 2012 framework.
The court further directed the Centre to constitute a committee of eminent jurists to review the regulations. CJI Surya Kant said the court must be taken into confidence regarding the panel’s composition.
Expressing concern over provisions suggesting separate hostels, the Chief Justice remarked, “For God’s sake, don’t do that. We have lived in hostels. Every community has students living together. We should move forward to develop a casteless society.”
The matter will be heard further after the Centre and UGC submit their responses.
