The Supreme Court has put an interim stay on the UGC’s new anti-discrimination rules notified on January 13, citing serious concerns over their language and possible misuse. During a brief hearing, the Chief Justice of India observed that the wording of the new rules could disturb social harmony and may not meet the constitutional test of equality. The main issue raised by petitioners is that Section 3E of the existing framework already defines discrimination broadly—covering caste, religion, language, region, gender and other grounds—so the introduction of Section 3C, which specifically mentions protections for SC, ST and OBC categories, appears unnecessary and potentially discriminatory against others. The Court questioned whether this structure suggests that discrimination can occur only against certain communities, leaving unreserved category students without equal protection. It also noted the risk of misuse, where complaints could be weaponized, affecting careers unfairly. As a result, the Court has directed that the 2012 UGC regulations will continue to operate, while the new rules will remain suspended until further orders. Notices have been issued to the UGC and the Union Education Ministry, asking whether the rules can be redrafted to ensure protection against discrimination without enabling abuse. The next detailed hearing is scheduled for March 19, where the rules will be tested primarily on the touchstone of Article 14 (Right to Equality) of the Constitution.
