Supreme Court Stays UGC’s 40% Women Faculty Quota Regulations

Supreme Court Stays UGC’s 40% Women Faculty Quota Rule

The Supreme Court has put an immediate hold on the University Grants Commission’s 2024 regulations that mandated a 40% reservation for women in teaching positions across universities. The bench flagged a “risk of misuse” and concerns over “excessive delegation” of power.

Key Takeaways

  • The Supreme Court stayed the UGC’s 2024 equity regulations.
  • The rules required 40% of teaching posts, including 50% at senior levels, to be reserved for women.
  • The court issued notices to the Centre and UGC, citing “excessive delegation” and misuse risks.
  • The next hearing is scheduled in four weeks.

Court’s Prima Facie View and Petitions

A bench led by Chief Justice D Y Chandrachud, along with Justices J B Pardiwala and Manoj Misra, issued the stay while hearing petitions from institutions like the University of Delhi and Jamia Millia Islamia.

The bench explicitly stated: “Prima facie, we are of the view that the UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2024, suffer from excessive delegation. There is a risk of misuse.”

What the 2024 Regulations Mandated

Notified on March 28, 2024, the regulations required all higher educational institutions to:

  • Reserve 40% of teaching positions for women.
  • Ensure 50% of posts at the level of associate professor and professor are filled by women.
  • Provide relaxation in minimum qualifying service for promotion for women teachers.
  • Offer a special chance for women teachers to clear eligibility tests for promotion.

Arguments Against and For the Rules

The petitioners argued the regulations were arbitrary and violated university autonomy. They contended that meritorious male candidates could be unfairly denied promotions.

The UGC defended the policy, stating it aimed to promote gender equity in higher education and was aligned with the National Education Policy, 2020.

The Supreme Court will hear the matter again after four weeks.

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