Indian Supreme Court stays new higher education regulations, flags scope for misuse

ISLAMABAD: The Indian Supreme Court on Thursday ordered that the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, be kept in abeyance, expressing serious reservations about their vagueness and potential misuse, according to Indian media. 

The regulations aim to address discrimination within higher education institutions and ensure inclusion for students from marginalized backgrounds.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing three writ petitions challenging the constitutionality of the 2026 regulations.

Discriminatory toward ‘general classes’

The petitions were filed by Mritunjay Tiwari, Advocate Vineet Jindal and Rahul Dewan, who contend that the regulations are discriminatory toward “general classes.”

Issuing notice to the Union of India and the UGC, the Court made the notice returnable on March 19. 

Till then, the 2026 Regulations will remain in abeyance. 

The Court further directed that the earlier UGC Regulations of 2012 will remain in force in the interim.

During the hearing, the bench orally flagged several concerns. 

Vague and capable of misuse

The Supreme Court asked whether India was “going backwards” from the goal of achieving a casteless society.

It noted that the provisions appeared vague and capable of misuse, questioned why “caste-based discrimination” was separately defined when the definition of “discrimination” already existed, and asked why ragging had been excluded from the regulations. 

The court suggested that the regulations be revisited by a committee comprising eminent jurists who understand social values and societal challenges.

The bench also raised concerns about the omission of ragging from the framework and questioned remedial measures such as separate hostels for different castes. 

The lawyer of one of the petitioners argued that the regulation's definition of “caste-based discrimination” excludes discrimination against general category students and violates the Constitution.