Kamal Ghorui
PTI photo
NEW DELHI: The Supreme Court on Thursday stayed the University Grant Commission’s (UGC) new set of rules aimed at promoting equality in higher education institutions (HEI) amid nationwide protests over the legislation’s controversial definition of discrimination.A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi issued notices to the Centre and the UGC on the pleas challenging the regulation.
The new UGC regulations, notified on January 23, were challenged by various petitioners as being arbitrary, exclusionary, discriminatory and in violation of the Constitution as well as the University Grants Commission Act, 1956.The plea assailed the regulations on the grounds that caste-based discrimination was defined strictly as discrimination against SC, ST and OBC community members. It said that by limiting the scope only to these categories, UGC had effectively denied institutional protection and grievance redress to individuals belonging to the “general” or non-reserved categories, who may also face harassment based on their caste identity.The top court said that, for now, the 2012 UGC regulations will continue to apply. The court opined that there is complete vagueness in Regulation 3 (C) (which defines caste-based discrimination), and it can be misused. Here’s what the Supreme Court said:
- “We are simply examining it on the threshold of constitutionality and legality.”
- “The language needs to be re-modified,” the court said.
- “We want free, equitable and inclusive atmosphere in educational institutions.”
- “Unity of India must be reflected in our educational institutions.”
Earlier on Wednesday, students, mostly belonging to the general category, staged a protest at Delhi University’s North Campus against the newly notified University Grants Commission (UGC) equity rules, demanding their immediate withdrawal.The protesting students claimed that the rules promote discrimination on campuses instead of equality. They pointed out that there was no binding provision for the representation of general category students.Earlier, Shyam Sundar Tripathi, Vice President of the BJP Kisan Morcha from the Salon constituency in Rae Bareli, had resigned from his post, citing dissatisfaction over new UGC policies. Tripathi announced his resignation in a letter written to Prime Minister Narendra Modi.“Due to the black law, like the reservation bill, brought against the children of the upper caste, I am resigning from my post. This law is extremely dangerous for society and also divisive. I am completely dissatisfied with the bill. There is great resentment. I do not support this reservation bill. Supporting such an unethical bill is completely against my self-respect and ideology,” read the letter written in hindi.
