'Promotes Discrimination Against General Classes' : Lawyer Seeks Urgent Hearing Of Plea In Supreme Court Against UGC Regulations
LIVELAW NEWS NETWORK
28 Jan 2026 11:06 AM IST
A petition filed in the Supreme Court challenging the constitutionality of the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, was mentioned before the Chief Justice of India today for urgent listing.
Orally mentioning the matter for urgent listing, the counsel submitted, "The urgency is, there are certain provisions in the regulations that have the effect of promoting discrimination against people belonging to the general classes."
"We are also aware of what is happening," CJI Surya Kant said.
The counsel submitted that the defects will be cleared today and sought for a listing. The petition was Rahul Diwan and others v. Union of India, Diary No. 5477/2026.
"Give your case number, make sure the defects are cured," CJI told the counsel.
The UGC brought the regulations to address the issue of caste-based discrimination in university campuses. Petitions have been filed in the Supreme Court challenging Regulation 3(c) on the ground that the protection accorded by it against caste-discrimination is non-inclusionary.
As per Regulation 3(c) of the UGC Regulations, "caste-based discrimination" means "discrimination only on the basis of caste or tribe against the members of the scheduled castes, scheduled tribes, and other backward classes".
Yesterday, another petition was filed by Advocate Vineet Jindal, who contended that the provision, in its present "exclusionary form", denies grievance redressal and institutional protection to persons belonging to non-SC/ST/OBC categories. He sought that caste-based discrimination be defined in a caste-neutral and constitutionally-compliant manner so that protection is accorded to all persons discriminated on the basis of caste, irrespective of caste identity.
The UGC framed the Regulations following a PIL filed in 2019 by Radhika Vemula and Abeda Salim Tadvi, mothers of Rohit Vemula and Payal Tadvi respectively, seeking a mechanism to end caste-based discrimination in campuses. Rohit Vemula and Payal Tadvi both reportedly died by suicide over caste-discrimination faced in their universities.
In March, 2025, the Union told the Court that UGC had prepared draft regulations to inter-alia address the issues raised. The Court, on its part, expressed that it was looking to create a "very strong and robust mechanism" for "really" tackling the unfortunate issues.
In April, the Court clarified that the UGC may proceed with finalization of the draft regulations and notify the same. At the same time, liberty was given to the petitioners and other stakeholders to give suggestions for incorporation in the draft regulations.
In September, the Court gave 8 weeks' time to UGC to consider the suggestions received from different stakeholders and take a final decision regarding notification of the Regulations. In January this year, the Regulations were notified.