The Kerala High Court has held that the Bar Council of Kerala cannot collect fees from applicants for verifying their certificates with universities and examination boards. The Court further ruled that the Bar Council of India’s directive to collect Rs. 2,500 as verification fees cannot be implemented in light of Supreme Court judgments that mandate free verification of certificates by educational authorities.
Background
The issue arose when the petitioner challenged an order by a Single Bench of the High Court, which permitted his enrollment with the Bar Council of Kerala, subject to him paying fees for the verification of his SSLC, Plus Two, Degree, and LLB certificates. The petitioner contended that this condition violated the Supreme Court’s directions, which stated that universities and examination boards must verify certificates without charging fees, and that Bar Councils cannot impose fees beyond what is prescribed in the Advocates Act, 1961.
Bar Council’s Submission
The Bar Council of Kerala argued that it had been directed by the Bar Council of India to collect Rs. 2,500 as fees for certificate verification during the enrollment process. However, this directive was issued by the Bar Council of India without considering Supreme Court rulings on the matter.
Court’s Observations
The Division Bench comprising Justice Ziyad Rahman A.A. and Justice P.V. Balakrishnan made the following key observations:
- Supreme Court Rulings: The Court highlighted that the Supreme Court had, in a previous judgment, mandated that universities and examination boards must verify certificates free of cost upon requisition by the State Bar Councils.
- Advocates Act Compliance: Section 24(1)(f) of the Advocates Act, 1961 prescribes enrollment fees as Rs. 600 for the State Bar Council and Rs. 150 for the Bar Council of India for general category candidates, with reduced fees for SC/ST candidates. The Court observed that the Bar Councils cannot charge additional fees beyond these prescribed amounts.
- Inadmissibility of BCI Directive: The Court held that the Bar Council of India’s direction to collect Rs. 2,500 for verification was contrary to Supreme Court directives and could not be implemented.
Court’s Ruling
The Court ruled that the Bar Council of Kerala must verify the petitioner’s certificates without charging any fees. It also directed the Council to allow the petitioner’s enrollment on the scheduled date, January 5, 2024, with the caveat that any issues arising from the certificate verification could be addressed later.
The Court further invalidated the Bar Council’s practice of charging Rs. 2,500 for certificate verification, emphasizing that such fees could not be justified in light of the Supreme Court’s orders.
Conclusion
The High Court’s judgment reinforces the Supreme Court’s stance on free certificate verification and ensures that Bar Councils adhere to the Advocates Act by not imposing additional fees on applicants. This decision upholds the rights of aspiring advocates to a transparent and lawful enrollment process.
Case Details
Case Title: Alan Benny v. Bar Council of Kerala & Another
Bench: Justice Ziyad Rahman A.A. and Justice P.V. Balakrishnan
Case No.: WA 2153/2024
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