28 January 2026 Legal Updates

University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026 & Supreme Court Challenge

What are the UGC (Promotion of Equity in Higher Education Institutions) Regulations, 2026?

The University Grants Commission (UGC) notified the Promotion of Equity in Higher Education Institutions Regulations, 2026 to prevent caste-based discrimination and to ensure equal access, dignity and protection for students and staff in universities and colleges across India.

These Regulations apply to:

• Central Universities
• State Universities
• Deemed Universities
• Private Universities
• Colleges affiliated with universities

Background & Intention Behind the Regulations

1. Social Context

The Regulations were framed in response to repeated allegations of systemic caste discrimination in higher education institutions, highlighted by tragic incidents such as:

• Rohit Vemula (University of Hyderabad)
• Payal Tadvi (BYL Nair Medical College)

Both cases involved alleged institutional caste-based harassment, leading to suicide.

2. Judicial Push

In 2019, a PIL was filed before the Supreme Court by:

• Radhika Vemula (mother of Rohit Vemula)
• Abeda Salim Tadvi (mother of Payal Tadvi)

3. They sought:

• A robust statutory mechanism to prevent caste discrimination on campuses.

The Supreme Court repeatedly emphasized the need for:

“A strong and effective institutional framework to tackle caste discrimination in higher education.”

Objective of the Regulations

The Regulations aim to:

• Promote equity and inclusiveness in higher education
• Prevent caste-based discrimination
• Ensure dignity, safety and equal opportunity
• Create institutional accountability
• Provide accessible grievance redressal mechanism

What Do the 2026 Regulations Provide?

1. Equal Opportunity Centres (EOCs)

Every institution must establish an Equal Opportunity Centre to:

• Monitor discrimination complaints
• Promote inclusive policies
• Support disadvantaged students

2. Equity Helplines

Institutions must create:

• Dedicated helplines
• Confidential reporting mechanisms
• Immediate assistance to victims

3. Inquiry Committees

• Complaints must be examined by internal inquiry committees
• Time-bound inquiry
• Fair hearing to both sides

4. Ombudsperson

• Independent authority
• Supervises grievance redressal
• Ensures transparency and fairness

5. Mandatory Awareness

Institutions must:

• Conduct sensitisation programmes
• Spread awareness about caste discrimination
• Train staff and students on constitutional values

Controversial Provision: Regulation 3(c)

Definition Given by Regulation 3(c)

“Caste-based discrimination” means discrimination only on the basis of caste or tribe against members of Scheduled Castes, Scheduled Tribes and Other Backward Classes.

This definition lies at the heart of the Supreme Court challenge.

The Supreme Court Plea: Vineet Jindal v. Union of India

1. What is the Plea About?

Advocate Vineet Jindal has filed a petition challenging Regulation 3(c) on the ground that it is:

• Exclusionary
• Non-inclusive
• Caste-identity based
• Constitutionally flawed

2. Core Argument of the Petitioner

Exclusion of Non-SC/ST/OBC Victims

• The regulation protects only SC/ST/OBC persons
• Persons from other castes facing caste discrimination get no protection

3. Denial of Grievance Redressal

• Non-SC/ST/OBC complainants cannot:
  - Approach Equal Opportunity Centres
  - Use Equity Helplines
  - Access Ombudsperson remedies

What Reliefs Are Sought?

1. Caste-Neutral Definition

The petitioner seeks: A definition of caste-based discrimination that protects any person discriminated on the basis of caste, irrespective of caste identity.

2. Suspension of Regulation 3(c)

• The petitioner wants authorities restrained from enforcing the current definition.

3. Equal Access to Mechanisms

• Equal Opportunity Centres
• Inquiry Committees
• Ombudsperson proceedings
  should be available to all, without caste-based exclusion.

4. Constitutional Declaration

Petitioner argues denial of protection amounts to:

• Impermissible State discrimination
• Violation of:
  - Article 14 – Equality before law
  - Article 15(1) – Non-discrimination
  - Article 21 – Right to dignity

Legal principles established-

1. Article 14 – Equality Before Law

• Can the State create selective protection?
• Does classification have a reasonable nexus with the object?

2. Article 15(1) – Non-Discrimination

• The Constitution prohibits discrimination by the State
• Denial of remedies based on caste identity may itself be discriminatory

3. Article 21 – Right to Dignity

• Right to education includes dignity and mental well-being
• Institutional discrimination violates substantive due process