Story by Harshit Uttam I Updated : 30 January 2026
On Thursday, the Supreme Court directed that the University Grants Commission’s Promotion of Equity in Higher Education Institutions Regulations, 2026 be suspended from operation.
The Court voiced concerns regarding the Regulations, which are being contested as unfair to students from the general category.
The Supreme Court observed during the hearing that the University Grants Commission’s 2026 Regulations, in their present form, suffer from a lack of clarity and precision. The bench noted that the provisions appear prima facie vague and therefore susceptible to misinterpretation or misuse. In light of these concerns, the Court recommended that the Regulations be subjected to a comprehensive review and redrafting exercise by a committee of distinguished jurists, so that the framework may be refined to ensure fairness, inclusivity, and constitutional soundness.
A Supreme Court bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi took up three writ petitions contesting the constitutional validity of the University Grants Commission’s 2026 Regulations. The petitions were filed separately by Mritunjay Tiwari, Advocate Vineet Jindal, and Rahul Dewan.
The Supreme Court has directed that notices be served upon the Union government and the University Grants Commission in relation to the pending petitions, with responses due by March 19. In the interim, the 2026 Regulations shall remain suspended, and the 2012 UGC Regulations will continue to govern.
Are we becoming regressive from becoming a casteless society?
The Chief Justice highlighted that economic advancement is evident among sections of the Scheduled Castes, indicating diversity in their socio-economic status.
“Whatever we have gained in terms of achieving a casteless society, are we now becoming regressive?” CJI asked.
CJI Surya Kant criticized the idea of separate hostels for castes under the new Regulations, urging that such segregation would be regressive. He remarked, “For god’s sake, don’t do this! We all lived together… inter-caste marriages happen too.”
Justice Bagchi added that “unity in India” must be reflected in educational institutions.
“One point is Art 15(4) empowers the state to make special laws for SCs, STs…but if 2012 regulations spoke of a more widespread, all-inclusive policy…why should there be a regression in a protective, ameliorative framework? Principle of non-regression also pervades,” Justice Bagchi said.
Senior Advocate Indira Jaising, representing the 2019 PIL initiated by the mothers of Rohit Vemula and Payal Tadvi that culminated in the current regulations, defended their validity. The bench, however, conveyed its reservations to her during the hearing.
“Prima facie language of the regulations…there is complete vagueness…capable of misuse…some expert may advise remodulation,” CJI Kant said.
Justice Bagchi also questioned the need for Regulation 3(1)(c) when Regulation 3(1)(e) was already there.
“We are looking to create a free and equitable atmosphere in universities. We find no reason when 3e is subsisting as it was…how does 3c become relevant? Is it a redundancy?” Justice Bagchi asked.
CJI Kant told Jaising that the Regulations have the effect of “dividing the society.” “There are 4-5 questions…otherwise this will have very sweeping consequences…dividing society..will lead to very dangerous impact!” CJI said.
Justice Bagchi also questioned the omission of ragging from the 2026 Regulations.
When the bench suggested suspending the 2026 Regulations, Indira Jaising objected, arguing that such a move would deprive students of any remedy since the 2012 Regulations had already been repealed. In response, the bench clarified that it would direct the revival of the 2012 Regulations to ensure continuity.
The Court paused the 2026 rules and said the 2012 rules will apply for now, using its special powers under Article 142.
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