New Delhi, 29 January. The Supreme Court on Thursday issued a notice to the Central Government and the UGC while hearing petitions challenging the new rules of the University Grants Commission (UGC). Along with this, the apex court has currently put a stay on the new regulation of UGC and made it clear that the next hearing will be held on March 19. The court also ordered that till then only the UGC regulations of 2012 will remain in force.

Currently the provisions of 2012 will remain in force

The bench of Chief Justice Surya Kant and Justice Joymalya Bagchi heard this case. Senior advocate Vishnu Shankar Jain, appearing for the petitioners, argued that they have challenged Section 3C of the new UGC rules. He said that the definition of discrimination given in the regulation is not in accordance with the Constitution.

Vishnu Shankar’s argument – ​​This definition is incomplete and contrary to the spirit of the Constitution.

Vishnu Shankar Jain argued that according to the Constitution, the question of discrimination pertains to all citizens of the country, whereas the new rules of the UGC have limited discrimination only to a particular section. He said that this definition is not only incomplete but also contrary to the constitutional spirit.

During the hearing, the Chief Justice raised an important question. He said that suppose a student from South India takes admission in North India or a student from North goes to study in the South and any derogatory comment is made against him, even though the caste of both the parties is not known, then which provision will be applicable in such a situation?

To this Vishnu Jain replied that Section 3E covers such circumstances. He said that if there is discrimination on the basis of someone’s birthplace, there is a separate provision for that and action can be taken on it.

Why were the provisions to ragging removed in the new UGC rules?

Counsel for another petitioner raised questions as to why provisions to ragging have been removed in the new UGC rules. He expressed apprehension that the new regulation is pushing the education system backward instead of taking it forward. He said that in future it may happen that a fresher, who comes from the general category, may be seen as a criminal on the very first day and may end up in jail. This is a matter of serious concern.

During the hearing, Chief Justice Surya Kant made a big comment and said that even after 75 years of independence, we have not been able to free the society from castes. The question is, are we going further backwards through this new law?

The petitioners demanded the court to abolish the new regulation of UGC and put an immediate stop to it. He also said that if the court gives permission, they can prepare a better and balanced regulation. On this, Solicitor General Tushar Mehta said that this is a constitutional matter. However, the court expressed concern about the language used in the regulation.

The possibility of its misuse cannot be ruled out – Chief Justice

The Chief Justice said that the words used in the regulation indicate that the possibility of its misuse cannot be ruled out. At the same time, Justice Joymalya Bagchi commented that the court is considering creating a fair and inclusive environment in the society. He raised the question that when Section 2E already exists, then how is Section 2C relevant?