Plea in SC challenges definition of caste discrimination in 2026 UGC rules

A petition was filed in the Supreme Court challenging the recently notified University Grants Commission (UGC) regulation, alleging that it has adopted a non-inclusive definition of caste-based discrimination and excluded certain categories from institutional protection.

The plea said Regulation 3 (C) of the recently notified UGC (Promotion of Equality in Higher Education Institutions) Regulations, 2026 is “non-inclusive” and fails to protect students and faculty who do not belong to reserved categories.

The petition, filed by Vineet Jindal, criticizes the regulation on the grounds that caste-based discrimination is defined as discrimination against members of Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBCs).

It said that by limiting the scope of “caste-based discrimination” to only SC, ST and OBC categories, the UGC has effectively denied institutional protection and grievance redressal to persons belonging to “general” or non-reserved categories, who may also face harassment or prejudice on the basis of their caste identity.

It says the provision in its current “exclusionary form” creates a hierarchy of protections that is unconstitutional.

The petition said the regulation violates fundamental rights guaranteed under Articles 14 (right to equality) and 15(1) (prohibition of discrimination by the State on grounds of religion, race, caste, sex or place of birth).

It was also alleged that this regulation violates Article 21 of the Constitution (right to life and personal liberty, including the right to live with dignity).

It urged the top court to restrain the authorities from implementing Regulation 3(C) in its current form and sought direction to redefine caste-based discrimination in a “caste-neutral and constitutional-compliant manner”.

It states, “Caste-based discrimination should be defined so as to provide protection to all persons discriminated against on the basis of caste, irrespective of their specific caste identity.”

The plea seeks interim directions to the Central Government and the UGC to ensure that the “Equal Opportunity Centres,” “Equity Helpline,” and “Ombudsman” mechanisms established under these rules are made available to all students in a non-discriminatory manner, pending a formal reconsideration of the definition.