Supreme Court plea challenges UGC equity regulations for excluding non-reserved categories

A plea has been filed in the Supreme Court challenging the recently notified UGC (Promotion of Equity in Higher Education Institutions) Regulations, 2026, alleging that the new framework is "non-inclusionary" and excludes students and faculty belonging to non-reserved categories from protection against caste-based discrimination.

The petition, filed by advocate and social activist Vineet Jindal, challenges UGC Regulation 3(c) of the new rules, arguing that caste-based discrimination has been narrowly defined as discrimination only against Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).

By limiting the scope of discrimination to reserved categories, the UGC has denied institutional protection and grievance redressal to individuals belonging to the general or non-reserved categories, even if they face harassment or bias based on caste.

Regulation 3(c) of the new UGC equity regulations 2026 states: “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.

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UGC 'violates' constitutional rights

The provision in its present “exclusionary form” creates a hierarchy of protection that is unconstitutional. The plea said the UGC regulation violates the fundamental rights guaranteed under Article 14 (Right to Equality), Article 15 (1) Prohibition of discrimination by the State on grounds of religion, race, caste, sex, or place of birth, and Article 21 (Right to life and personal liberty, which includes the right to live with dignity) of the Constitution.

The plea urged the apex court to restrain the statutory body from enforcing regulation 3(c) in its current form and sought a direction to redefine caste-based discrimination in a “caste-neutral and constitutionally-compliant manner”.

“Caste-based discrimination should be defined so that protection is accorded to all persons discriminated on the basis of caste, irrespective of their specific caste identity,” it said.

The plea has sought interim directions to the Union government and the UGC to ensure that the mechanisms established under the regulations — Equal Opportunity Centres, Equity Helplines and Ombudsperson — are made available to all students without discrimination, pending a formal reconsideration of the definition, the PTI reported.

UGC Regulation 3(c) under scrutiny

Speaking on the petition filed in the top court, he told PTI: "We have certain objections with the new rules brought by the UGC. Sections 12 and 23 of the UGC Act state that the UGC’s role is to grant funds to universities and to regulate technical education. Nowhere does it say that the UGC can make laws or frame rules concerning students or stakeholders. The second major issue is that the regulations framed under Section 3C show caste-based bias."

On X, he wrote: “What is this “upper caste” thing? Meaning, by repeatedly saying “savarna” and “upper caste”, these people have created a narrative, and today the “general category” — which they call “upper caste” — is the biggest victim of oppression.”

“Every government keeps track of how many cases come under SC/ST. Has anyone ever bothered to see how many cases of oppression against the general category have been reported?” he added.