Supreme Court Stays New UGC Discrimination Rules, 2012 Regulations to Continue

New Delhi: The Supreme Court on Thursday issued a notice to the Central Government and the University Grants Commission (UGC) regarding petitions challenging the new UGC regulations. The top court has put a temporary stay on the newly introduced UGC rules and clarified that the existing 2012 regulations will remain in force until the next hearing scheduled for March 19.

The bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi heard arguments in the matter. Senior advocate Vishnu Shankar Jain, representing the petitioners, challenged Section 3C of the new UGC rules. He contended that the definition of discrimination in the regulations does not align with the Constitution.

Jain argued that, as per the Constitution, discrimination applies to all citizens of the country, whereas the new UGC regulations limit the scope of discrimination to specific categories. He described this definition as incomplete and contrary to constitutional principles.

During the proceedings, Chief Justice Surya Kant raised a significant question, citing a scenario where a student from South India takes admission in North India or vice versa, and faces derogatory remarks without caste information being known. He asked which provision would apply in such cases.

Responding, Vishnu Jain stated that Section 3E covers such situations. He added that if discrimination is based on the place of birth, there is a separate provision for addressing it and taking necessary action.

Another petitioner’s counsel questioned why anti-ragging provisions were removed from the new UGC regulations. They expressed concern that the new rules might regress the education system instead of advancing it. There was apprehension that freshers from the general category might be wrongly perceived as offenders from day one, potentially leading to legal consequences.

Chief Justice Surya Kant remarked during the hearing that even after 75 years of independence, society remains divided by caste. He questioned whether the new law might take society further backward.

The petitioners urged the court to annul the new UGC regulations and impose an immediate stay. They also offered to draft better and more balanced regulations if permitted by the court. Solicitor General Tushar Mehta described the matter as constitutional. However, the court expressed concerns over the language used in the regulations.

The Chief Justice observed that the wording in the regulations could potentially be misused. Justice Joymalya Bagchi noted that the court is considering ways to foster a fair and inclusive environment in society. She questioned the relevance of Section 2C when Section 2E already exists.

The Supreme Court’s interim order ensures that the 2012 UGC regulations will continue to apply until the next hearing on March 19, 2026.