The higher education system of the country is once again under the scanner. The reason is the new rules of the University Grants Commission i.e. UGC, in which debate has erupted across the country, especially regarding Rule 3(C). Amidst this controversy, the Supreme Court has currently put a stay on these new rules and has clearly said that only the old rules implemented in 2012 will remain valid in all the colleges and universities of the country. The question is what was the new rule 3(C) and what did the old rule 3(E) say. What is the difference between the two that caused so much ruckus?

UGC had implemented new rules named “Promotion of Equity in Higher Education Institutions Regulations, 2026” on January 13, 2026. Their objective was said to be to create an environment of equality in colleges and universities and to take strict action on complaints of discrimination. But as soon as the rules were implemented, many student organizations, academics and lawyers raised questions on them.

What does Rule 3(C) say?

The most controversial part of the new rules is Rule 3(C). In this, for the first time a clear definition of “caste based discrimination” was given. According to Rule 3(C), caste based discrimination means discrimination against members of Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) on the basis of their caste or tribe only.

That is, it has been clearly stated in this rule that if there is discrimination against these three categories of students or employees due to caste, then it will be considered serious and action will be taken against it.

What did old rule 3(E) say?

Now let us understand Rule 3(E) present in the old rules of 2012. This rule was much more comprehensive. It was said that no student or employee can be discriminated against on the basis of caste, religion, language, region, gender, place of birth, physical condition or any other basis. That is, Rule 3(E) gave equal protection to all classes. In this it was not seen which caste or class the student belonged to. If someone has been treated unfairly, he could complain.

Supreme Court’s comment

The bench led by Chief Justice of India Surya Kant expressed concern during the hearing. The court said that at first glance these rules appear vague and the possibility of their misuse cannot be ruled out.

The court also said that India has made a lot of progress in the last 75 years in the direction of uniting the society. Colleges and universities are places where young people from different backgrounds live, study and grow together. If new lines are drawn on the basis of caste in the campus, it will not be good for the society.

Using its special powers, the Supreme Court has banned the new rules of UGC. The court has made it clear that until the next hearing, the old rules of 2012, i.e. Rule 3(E) will remain applicable. The court has sought answers from the central government and UGC.

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The Supreme Court has banned the new rules of UGC. On January 29, 2026, CJI Surya Kant put a stay and said that these rules can be misused. The court directed the central government to make the draft again. Petitioners’ lawyer Vineet Jindal expressed happiness after the decision and said, ‘CJI Surya Kant has praised our arguments.’

CJI Surya Kant justified the arguments: Jindal

Naveen Jindal said that this is a big victory for us. As we were talking about three issues. One of them is Section 3C, which is talking about caste discrimination and in that particular section, the general category has been excluded, while the other castes have been included. This section is giving a special message that the general caste has discriminated against SC, ST and OBC, whereas it is not so.

Naveen Jindal said, ‘CJI Surya Kant praised our argument. He specifically said that what we are saying is correct and if there are such sections, then it will definitely be very strict and discriminatory for the General caste. Changes should be made in this.

CJI Surya Kant suggested forming a special committee: Jindal

There is also mention of the Equity Committee, which has been formed under Section 18 of these new UGC rules. No special representation has been given for the general community in these special rules. The CJI also accepted our argument and suggested that a special committee should be formed which should include knowledgeable academics and social workers.

Why was there an uproar over the new rules of UGC?

The name of the new law of UGC is Promotion of Equity in Higher Education Institutions Regulations 2026. Under this, many instructions were given to stop caste discrimination against SC, ST and OBC students in colleges and universities. In the new rules, instructions were given to form special committees, helplines and monitoring teams in colleges and universities. These teams will look into the complaints of SC, ST and OBC students. But upper caste students allege that UGC has adopted a non-inclusive definition of caste-based discrimination and this will create chaos in colleges. In the new rules, he has been made a ‘natural criminal’.