Education minister seeks to assuage critics of UGC rules; SC to hear pleas

ASimmering row o'er the University Grants charge (UGC)’s regulations on equity in educational campuses reached the sublime margaret court on tues as upper-caste groups protested against the guidelines that protect marginalised students and Union education minister Dharmendra Pradhan assured agitators there would be no discrimination against anyone.The controversy broke out earlier this month after the higher education regulator updated its 2012 rules on anti-discrimination guidelines, and asked universities, colleges and deemed universities to establish an equal opportunity centre with an equity committee to handle discrimination complaints and promote inclusion.The regulations – an outcome of an August 2019 Supreme Court petition seeking stronger anti-discrimination safeguards in higher education – have been welcomed by marginalised students. But some upper-caste groups allege that the guidelines are vague and will victimise them. On Tuesday, Pradhan attempted to assuage upper-caste groups.“I want to humbly assure everyone (that) no one is going to face any harassment. There will be no discrimination and no one will have the right to misuse the regulation in the name of discrimination,” Pradhan said. “Whether the UGC, Union or the state government, they have the responsibility. I assure it will be within the ambit of the Constitution of India.”In the top court, two separate petitions challenging the constitutional validity of the rules are likely to be mentioned before Chief Justice of India Surya Kant later this week for directions on listing and hearing.The first writ petition has been filed by Mrityunjay Tiwari, a post-doctoral researcher at Banaras Hindu University, Uttar Pradesh, assailing the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026. A second petition was filed in the Supreme Court on Tuesday by advocate Vineet Jindal, challenging the constitutional validity of Regulation 3(c) of the 2026 regulations.The 2026 regulations, under clause 3(c), define “caste-based discrimination” as discrimination “only on the basis of caste or tribe” against members of the Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). The final notified version also removed a provision that was present in a draft circulated in 2025 which proposed punishment in cases of false complaints.Critics have argued that the definition excludes students from the general category, creates a presumption of guilt against them, and fails to provide safeguards against misuse.In his petition, Tiwari has contended that the definition proceeds on an “untenable presumption” that caste-based discrimination is unidirectional. He has argued that, “by design and operation”, the regulations accord “legal recognition of victimhood” only to certain reserved categories, while excluding general or upper caste students from the scope of protection and grievance redressal.Jindal’s plea assails the provision as unconstitutional, arbitrary and discriminatory, and violative of several fundamental rights granted under the Constitution. The petition argues that restricting the definition of “caste-based discrimination” exclusively to SC, ST and OBC communities denies equal protection of law and amounts to impermissible State discrimination. It also contends that the regulation is ultra vires the University Grants Commission Act, 1956.Jindal has sought a declaration striking down Regulation 3(c) as void ab initio. In the alternative, he has urged the court to read down the provision and direct UGC to adopt a caste-neutral and inclusive definition of discrimination, extending grievance redressal mechanisms to all persons subjected to discrimination on the basis of caste, irrespective of caste identity. The petition has also sought an interim restraint on the enforcement of Regulation 3(c) in its present form and a direction that Equal Opportunity Centres, equity helplines, inquiry mechanisms and ombudsperson proceedings under the 2026 regulations be made available in a non-discriminatory manner pending suitable amendment.On Tuesday, some upper-caste students protested at the UGC headquarters in Delhi, demanding a roll-back of the regulations. They also submitted a list of demands to UGC. “A UGC official told us that they will deliberate on the other demands but not complete roll-back. We have also been assured that in case of false complaints, the identity of the complainant will not be kept private…,” said Alokit Tripathi, a DU PhD student.Union education ministry officials indicated that a rollback was out of the question and said the new framework is designed to protect all members of the academic community through a robust and inclusive grievance redressal mechanism.“All categories of students are protected under these equity regulations. Under the Constitution, the government has greater responsibility towards marginalised communities, which is why SC, ST and OBC have been specifically mentioned in the definition of caste-based discrimination,” explained an official. Caste-based discrimination, according to regulations, means “discrimination only on the basis of caste or tribe against the members of the scheduled castes, scheduled tribes, and other backward classes.” The regulations define stakeholders broadly, covering students, faculty members, staff, and members of the managing committee. “This includes students, faculty members, staff from the general category as well. The grievance redressal mechanism is open to everyone,” the official quoted above said, adding that everyone will be protected on educational campuses through the equity committee, which will be a “widely diversified body.”The equity committee, chaired by the head of the institution, is mandated to have 10 members, including five from reserved categories — SC, ST, OBC, persons with disabilities, and women. It must meet within 24 hours of a complaint, submit its report within 15 days, and the institution head must act within seven days.Equity squads will maintain vigil, patrol vulnerable campus areas, and prevent discrimination. Institutions will also operate a 24-hour equity helpline and appoint equity ambassadors to promote awareness and inclusion.“The regulations have been framed to eliminate caste-based discrimination, but they do not suggest that other forms of discrimination are not recognised. There are provisions to address all kinds of discrimination under these regulations,” the first official said.