Supreme Court of India with gavel and law book representing UGC Regulations 2026 and legal challenge to equity guidelines

EXAMINING THE UGC REGULATIONS, 2026- FROM PROTEST TO COURTROOM

INTRODUCTION

On January 13, 2026, the University Grants Commission (UGC) notified the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, which aim to eradicate discrimination at the higher education level. This regulatory framework replaces the 2012 UGC Advisory regulations, which were not mandatory, lacked penalty enforcement, and primarily focused on complaints from SC/ST students.

These regulations are drafted and notified in response to a 2019 PIL (Public Interest Litigation) filed in the Supreme Court by Radhika Vemula (Mother of Rohith Vemula) and Abeda Salim Tadvi (Mother of Dr Payal Tadvi). In early 2025, the Supreme Court directed UGC to draft stronger rules, calling for a “very strong and robust mechanism”.

Due to widespread protest and public opposition to the UGC equity guidelines, 2026, the Supreme Court on Wednesday agreed to list for hearing a plea against UGC regulations, and on Thursday, 29 January 2026, the Supreme Court stays UGC’s new regulations, and the next hearing will be on March 19, 2026.

WHAT IS UGC?

Established under the University Grants Commission Act, 1956, UGC (University Grants Commission) is a statutory body of the Government of India, Ministry of Education, and Department of Higher Education. It provides funds to educational institutions, coordinates, determine and maintains standards of Higher Education Institutions. It is an advisory body which advice Central and State Governments about the measures necessary for the improvement of education.

UGC EQUITY GUIDELINES, 2026

According to clause 1(b) of UGC regulations, these regulations shall apply to all higher education institutions in India. The main objective of these regulations is to eliminate discrimination on the basis of religion, race, gender, place of birth, caste or disability, particularly against the members of scheduled castes and scheduled tribes, socially and educationally backward classes, economically weaker sections, persons with disabilities, or any of them, and to promote equity and the sense of inclusion among stakeholders in higher education institutions. 

KEY FEATURES OF UGC EQUITY GUIDELINES

1) Protection of students belonging to SC, ST, OBC, EWS, and persons with disabilities.

2) Every UGC recognised Higher Education Institution (HEI) shall establish an EOC (Equal Opportunity Centre) for the implementation of policies, guidance, counselling, handling complaints, and to create awareness and promote inclusion.

ROLE OF EOC

– Help students and staff from disadvantaged groups

– Provide guidance regarding academic, social and financial aspects.

– Maintain online system for reporting discrimination complaints.

– Disseminate information on welfare schemes.

– Implementing equity-related policies and programmes.

3) Every EOC requires a functioning body known as the Equity Committee, constituted by the head of the institution, to manage the functioning of the EOC.

ROLE OF EQUITY COMMITTEE

– The committee must have members representing unreserved categories.

– Examine complaints of caste-based discrimination [Regulation 2 (c) “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].

– Meet quickly after the complaint is filed and submit the report to the head of the institution.

4) Every HEI shall also have Equity Squads to monitor the vulnerable spaces in college campus and prevent discrimination.

5) Every HEI must have 24*7 Equity Helpline for reporting of complaints.

6) Non-compliance by HEIs will lead to serious penalties, under regulation 11, including debarment from UGC Schemes, suspension of degree-granting privileges, prohibition on running ODL/Online programmes, removal from section 2(f) and 12B of the UGC Act 1956.

7) Procedure to file complaints-

– Complaints can be filed online, in writing, through email or via the equity helpline.

– The Equity Committee will meet within 24 hours of receiving the report.

– The Committee shall submit its report to the head of the institution within 15 working days.

– The head of the institution shall initiate further actions within 7 working days.

REASONING BEHIND THE IMPLEMENTATION OF THIS REGULATION

1) Over the last five years, reported complaints of caste-based discrimination in Higher education have increased rapidly.

2) According to the data, Complaints increased by 118.4% from 173 cases in 2019-20 to 378 in 2023-24.

3) In total, 1,160 complaints were received from 704 universities and 1,553 colleges during this period.

UGC CONTROVERSY

1) UGC Equity Regulations have sparked protests and criticism in some states of India. Opposition has arisen from students, faculty groups, bureaucrats, and political leaders.

2) Also, this regulation applies only to SC, ST, and OBC, leaving the general category outside its protection, thus violating natural justice and equal protection under the law.

3) Critics are also concerned about the vagueness and misuse of the regulations. Broad definition and strict timelines can lead to false complaints, as there is no safeguard or penalty against false complaints.

4) Constant monitoring through equity squads could create an atmosphere of fear, mistrust and surveillance.

SUPREME COURT PUTS UGC REGULATION ON HOLD

After various pleas, the Supreme Court on Thursday, 29-01-2026, stayed the UGC Regulations. A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi issued notices to the Centre and UGC. The Court stated, “If we don’t intervene, it will lead to a dangerous impact, will divide the society and will have a grave impact” The Court also observed that these regulations are prima facie “vague” and are “capable of misuse”. By limiting the scope of caste-based discrimination to SC, ST, and OBC categories, the UGC has denied institutional protection to individuals belonging to the General category.

CONCLUSION

The UGC Equity Regulation, 2026, consist of provisions regarding the promotion of equity in higher education institutions. This regulation was notified by UGC on 13th of January 2026, replacing the 2012 guidelines, addressing caste-based discrimination through the establishment of Equal Opportunity Centres, Equity Commissions and a rapid complaint mechanism in Higher Education Institutions. These regulations extend protection to SC/ST/OBC/EWS/PwD groups, excluding the general category from protection.

This exclusion has led to a huge controversy and a reason for protest in India. Critics are concerned about the misuse and vagueness of these regulations. Such regulations can also contribute to false complaints and thus creates atmosphere of fear among higher education institutes. Thus, because of the following reasons Supreme Court has kept the UGC Regulation on hold.

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AUTHOR DETAILS: AKANKSHA CHATURVEDI, 2ND YEAR LAW STUDENT, AMITY UNIVERSITY, GWALIOR

REFERENCES

  1. UGC EQUITY REGULATIONS, 2026-
https://www.ugc.gov.in/pdfnews/1881254_UGC-Promotion-of-Equity-in-HEIs-Regulations-2026.pdf

https://www.ugc.gov.in/pdfnews/1881254_UGC-Promotion-of-Equity-in-HEIs-Regulations-2026.pdf

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