Supreme Court Stays HEI Equity Rules After Student Protests

Mumbai Supreme Court Stays Notification on 'Promotion of Equity in Higher Educational Institutes'

The Supreme Court of India has issued a stay on the 'Promotion of Equity in Higher Educational Institutes (HEI)' 2026 notification, which was released on January 13. The stay was granted in response to two writ petitions filed by student-led organizations, who claimed that the rules are discriminatory.

Background of the Regulation

The regulation aimed to address caste-discrimination in higher educational institutions by requiring them to set up equal opportunity centers and an equity panel. The panel was to consist of representatives from the scheduled tribe (ST), scheduled caste (SC), other backward classes (OBC), women, and people with disabilities (PwD).

Key Legal Challenge

• Exclusion of General Category Students: The regulation has been challenged for excluding 'general category' students from complaining under its grievance redressal mechanism.

Court's Prima Facie View

The implementation of the regulation was stayed by a bench composed of Chief Justice of India Surya Kant and Joymalya Bagchi. In a preliminary assessment, the court stated that the language of the regulation is "vague" and needs to be reworked to avoid exploitation. The court also expressed concerns that the regulation could lead to divisions in society.

Objective of the Regulation

The objective of the regulation is to eradicate discrimination based on religion, race, gender, place of birth, caste, or disability, particularly against members of scheduled castes and scheduled tribes, socially and educationally backward classes, economically weaker sections, persons with disabilities, or any of them.

CJI Raises Concerns

Chief Justice Surya Kant raised concerns about the regulation's provision in case of a student facing humiliation due to a sarcastic remark from someone of a different region or background, but without knowledge of their caste. He questioned which provision would cover such a situation.

Students' Reaction

Student groups have reacted strongly to the regulation, with some criticizing the lack of provisions for safeguarding the accused or taking action against false or malicious complaints. A representative member of the Akhil Bharatiya Vidyarthi Parishad stated that the regulation is unfair and does not provide adequate protection for students from the open category.

Support from Progressive Groups

On the other hand, a member of the progressive students forum welcomed the regulation, stating that it should be taken in the spirit of its context. They argued that caste-based discrimination is rampant in educational institutes and that the regulation should be implemented to address this issue.