Breaking News: The Supreme Court on Wednesday (29 January 2026) stayed the implementation of the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, expressing serious concerns over their wording and possible misuse.
The top court said the new rules, especially those dealing with caste-based discrimination, raise constitutional questions and require detailed examination before being enforced.
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Background of the Case
The order came in a batch of writ petitions led by Mritunjay Tiwari v. Union of India, challenging the validity of the 2026 UGC Regulations.
The petitioners argued that Clause 3(c), which defines “caste-based discrimination”, is narrowly framed and excludes individuals from the general category. According to them, the rule wrongly assumes that discrimination can only be faced by reserved categories.
They also pointed out that the earlier 2012 UGC Regulations offered broader protection and clearer remedies, which the 2026 version diluted.
What the Court Observed
After hearing arguments from both sides, including Solicitor General Tushar Mehta for the Centre and senior advocate Indira Jaising for the petitioners, the bench noted several serious concerns.
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“The provisions appear ambiguous and the possibility of misuse cannot be ruled out,” the court observed.
The bench framed key legal questions, including:
- Whether the definition of caste-based discrimination is unreasonably narrow
- Whether the rules ignore discrimination faced by non-reserved categories
- Whether the regulations fail to protect extremely backward communities
- Whether allowing segregation in hostels or academic groups violates equality
- Whether removing “ragging” as a form of discrimination is a regressive step
The court also noted that these issues directly touch upon Articles 14, 15, and 21 of the Constitution.
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Court’s Interim Decision
Taking note of the seriousness of the issues, the Supreme Court passed an interim order staying the 2026 regulations.
“The University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026 shall remain in abeyance,” the bench directed.
Invoking its powers under Article 142, the court further ordered that the 2012 UGC Regulations will continue to operate until further directions.
The court also directed that the present case be heard along with an earlier pending matter raising similar constitutional questions, and listed the batch before a three-judge bench.
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What Happens Next
The matter will now be taken up for detailed hearing on March 19, 2026. Until then, universities and colleges across the country must continue to follow the 2012 UGC framework on equity and discrimination.
Case Title:
- Mritunjay Tiwari vs Union of India & Ors.
- Vineet Jindal vs Union of India & Ors.
- Rahul Dewan vs Union of India & Ors.
Case Number:
- W.P.(C) No. 101/2026
- W.P.(C) No. 109/2026
- W.P.(C) No. 108/2026
Decision Date: 29 January 2026
