Supreme Court in New Delhi.
| Photo Credit: SHASHI SHEKHAR KASHYAP
The Supreme Court on Thursday (April 24, 2025) did not agree with a plea to stall the finalisation and subsequent notification of the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations of 2025 to counter discrimination in higher educational institutions’ campuses.
A Bench of Justices Surya Kant and N. Kotiswar Singh was hearing an application filed by the mothers of Rohith Vemula and Payal Tadvi, represented by senior advocate Indira Jaising and advocates Prasanna S. and Disha Wadekar, to stall the notification of the 2025 Regulations until a National Task Force chaired by former Supreme Court judge, Justice S. Ravindra Bhat, formed by the apex court in a judgement on March 24 came out with its comprehensive report on mental health concerns, suicides of students and discrimination faced by them along with recommendations to counter these issues.
Solicitor General Tushar Mehta objected to the submission made by Ms. Jaising, saying a meeting to finalise the 2015 Regulations was already underway on April 24 and the process of notifying them must not be stopped.
Ms. Jaising said there were still “grey areas”, especially regarding caste discrimination, in the 2025 Regulations. She urged the court to direct stay the notification of the new Regulations till the Task Force recommendations came on board. Until then, Ms. Jaising said, the extant 2012 Regulations could continue to be implemented.
The court took the middle path, saying the 2025 Regulations would be notified, but the Task Force’s work would not be affected by it. In fact, the Task Force would also consider the 2025 Regulations to spot any lacunae which needed to be addressed.
Once the Task Force came out with its recommendations, they would be considered and incorporated into the Regulations, if found necessary. The court gave the petitioners or anyone concerned liberty to approach the court once the Task Force recommendations came out to suggest any additions, deletions or incorporations.
“These Regulations [of 2025] will be notified and it will not affect the work of the Task Force. The Task Force recommendations can be included or the Union government may also come out with appropriate suggestions,” Justice Kant observed.
The March 2025 judgement by a Coordinate Bench of the Supreme Court headed by Justice J.B. Pardiwala was based on an appeal filed by the parents of two deceased students against a January 2024 order of the Delhi High Court which refused to direct the police to register an FIR in connection with the death by the two students. While Ayush Ashna was found dead on July 8, 2023 in his hostel room, Anil Kumar was found dead on September 1, 2023 in his hostel room at IIT Delhi. It was alleged that both the students, who belonged to the Scheduled Castes, were murdered and they had earlier confided in their parents being subjected to caste discrimination.
Ms. Jaising said she would make representations on behalf of her clients before the Task Force.
Rohith Vemula, a PhD scholar at Hyderabad Central University, and Payal Tadvi, a tribal student of TN Topiwala National Medical College, died by suicide in January 2016 and May 2019, respectively, after being subject to on-campus caste bias.
In February, the Union government had informed the apex court in an affidavit that the new set of Regulations would wipe out discrimination, especially on the basis of religion or caste. The draft Regulations, which were placed on record in the court, would give the University Grants Commission “teeth and power” to de-recognise non-compliant or misbehaving higher education institutions.
The draft Regulations were published in the UGC website for inviting public comments and suggestions.
The Regulations described its objective as the eradication of discrimination on the basis of religion, race, sex, place of birth, or caste, particularly against the members of Scheduled Castes and Scheduled Tribes, socially and educationally backward classes, economically weaker sections, or any of them, and to promote full equity and inclusion amongst the stakeholders in higher education institutions.
The Regulations would also allow the UGC to take “additional punitive actions” on a case-to-case basis. eom
Published – April 24, 2025 04:49 pm IST
