Plea Against UGC Equity Regulations : Live Updates From Supreme Court Hearing
Another counsel: Ragging is also an issue...when I am a fresher, my appearance or look will show I am fresher. If I resist and dare to make complaint, I will face cross-case...allegation will be caste-based discrimination
CJI: Whether your complaint of ragging will be entertained under this?
Counsel: They have not even defined ragging. This fresher boy will face bars and go behind jail. In first month of college only. Why definition of ragging was removed by this regulation?It only tackles caste issues. It is regressive. Universities divided in senior-juniors.
Jain: I am seeking a stay on this definition of caste based discrimination...I am relying on Paradise Printers v. Union Territory of Chandigarh (para 14)...under art 14, classification is to be founded on intelligible differentia...there must be nexus between basis of classification and objective
CJI: These principles are very well known
Jain: S. 3(c) is hit by Art 14. Statute cannot presume discrimination will be against only a particular section
CJI: Suppose a student from south india or north east gets admission in north india...some kind of sarcastic, insulting remarks are made against such student...even those who are making comments, their identity is not known...will this provision address that issue?
Jain: It will.
Jain: This is completely exclusive! Definition of 'discrimination' is all encompassing. Members of general classes...when S.3(e) is already in place, what's the need of 3c? It has no reasonable nexus with objective...it presumes that only a particular section faces caste based discrimination...drift of this court's orders in Abeda Talvi matter was not this...this will create further divisions...I have many instances
CJI: We are simply examining on threshold of constitutionality and legality.
Hearing in #UGCRegulations cases begins
Petitioners: All citizens may be protected. Very mandate of the Constitution...and socio-cultural...
Adv Vishnu Shankar Jain: We are challenging Regulation 3(c) which defines caste based discrimination.