Plea In Supreme Court Challenges UGC Regulation Defining 'Caste Discrimination', Seeks Caste Neutral Provision

A plea has been filed before the Supreme Court challenging Regulation 3(c) of the newly enacted University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026 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".The petitioner, Advocate Vineet Jindal, avers that the provision, in its present "exclusionary form", denies grievance redressal and institutional protection to persons belonging to non-SC/ST/OBC categories.He prays that the authorities be restrained from enforcing or acting upon the provision. Rather, 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.He further seeks a direction to the respondent-authorities (Union government and UGC) for ensuring that Equal Opportunity Centres, Equity Helplines, inquiry mechanisms and Ombudsperson proceedings under the Regulations are made available in a non-discriminatory and caste-neutral manner, pending appropriate re-consideration of Regulation 3(c).The petitioner also seeks a declaration that denial of grievance redressal mechanisms on the basis of caste identity amounts to "impermissible State discrimination" and is "violative of fundamental rights guaranteed under Articles 14, 15(1), and 21 of the Constitution".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.Case Title: Vineet Jindal v. Union of India and Anr.| Diary No. 5196 of 2026

Plea In Supreme Court Challenges UGC Regulation Defining 'Caste Discrimination', Seeks Caste Neutral Provision

Debby Jain

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