While the debates and discussions on the UGC’s Draft Regulations in 2025 are yet to arrive at finality, another set of Draft Regulations has been placed in the public domain inviting suggestions and objections over it. The UGC (Promotion of Equity in Higher Education Institutions) Regulation 2025 is on the revised definition of discriminations that prevail in the higher educational campuses. The proposed definition defines ‘caste-based discrimination’ as “discrimination on the basis of caste or tribe only against the members of the Scheduled Castes and Scheduled Tribes”. It further defines “discrimination” as “any unfair, differential, or biased treatment or any such act, against “any stakeholders” on solely the grounds of “religion, race, caste, sex, place of birth or any of them”.
As per 2012 Regulations, the definition of ‘discrimination’ was any distinction, exclusion, limitation or preference’ impairing equality of treatment. The grounds of discrimination includes caste, creed, language, religion, ethnicity, gender and disabilities. The latest Draft Regulations has widened the scope to “every stakeholder”.
The new regulations have been placed, the framing of it was as per the directive of the Supreme court. The UGC says at the Court that the regulations would give “teeth and power” to it to re-recognise institutions that fail to comply with them.
An expert committee would be formed as mentioned in the regulations consisting 2 representatives from civil society having relevant experience, 2 student representatives (special invitees), 4 faculty members with the head of the institution as ex-officio chief. This committee would be the first authority to examine complaints of discrimination. The more dangerous aspect in the regulations is proposing fines and possible disciplinary action on those who complain falsely about the new provision. The net result of this provision would discourage either the victim or any other person to lodge complaint of discrimination. This provision would defeat the very purpose of the culling out discrimination.
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The composition of the committee is beyond the functional role of UGC which is only provision of financial grant providing and the proposed power is nothing but blatant intrusion into the affairs of the administration of State Universities. A grant extending body cannot be provided with the right for re-recognition of Universities. The consistently maintained, ‘caste based discrimination on University campuses manifests in the form of an anti-reservation exam ranks or reservation status. The main ground of language by which the discrimination is based on exam ranks do not find a place in the new regulations. Equality is in treating the exam aspirants in allowing them to appear for the exam in their respective mother tongue, since such facility is extended to those whose mother tongue is Hindi. By discriminatory treatment, candidates are not provided with equal opportunities.
Further, many State Universities have been established by the initiatives of the respective State Governments and with their financial contribution. Besides, our country was divided into States in 1956 on the basis of the languages spoken by the people. With that there is significance for the availment of benefits and privileges starting from education upto employment based on the place of birth of the candidates. The very purpose of formation of States was to keep the people, who elect their representatives to rule them. The State Government is responsible to the people who are born within the State and who continue living in the place of domicile within. The responsibility discharged by the State Government to their people cannot be construed as a discriminatory exercise as covered in the UGC Draft Regulations.
The new Draft Regulations go to the extent of de-recognition of the higher education institutions for improper handling of discriminatory practises in the campus. The UGC cannot assume on its own the power to de-recognise the institutions. This is to be dealt by the Institutions formed by the State Government Acts.
All these objectionable provisions have to be deleted from the latest Draft Regulations, the UGC has circulated. It is better to upkeep the federal polity of our country, if the UGC confines itself to the role assigned to it under the Act.
