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Top court flags equality concerns, fears misuse of January 13 regulations
January 29, 2026: The Supreme Court has imposed an interim stay on the University Grants Commission’s (UGC) new anti-discrimination rules notified on January 13, expressing serious reservations over their language and possible misuse. During a brief hearing, the Chief Justice of India observed that the wording of the regulations could disturb social harmony and may fail to meet the constitutional standard of equality.
Petitioners argued that discrimination is already broadly defined under Section 3E of the existing framework, which covers caste, religion, language, region, gender and other grounds. They contended that the introduction of Section 3C—specifically referring to protections for SC, ST and OBC categories—was unnecessary and could be discriminatory against students from unreserved categories. The Court questioned whether the structure implied that discrimination could occur only against certain communities, leaving others without equal protection under the rules.
The Supreme Court also flagged the risk of misuse, warning that complaints could be weaponised and unfairly damage careers. As a result, it directed that the 2012 UGC regulations will continue to remain in force, while the new rules will stay suspended until further orders. Notices have been issued to the UGC and the Union Education Ministry, with the Court asking whether the rules can be redrafted to prevent discrimination without enabling abuse. The next detailed hearing is scheduled for March 19, when the rules will be examined primarily on the touchstone of Article 14 of the Constitution.