Kerala High Court Rules Against Bar Councils Charging Verification Fees

In a significant judgment, the Kerala High Court has declared that the Bar Council of Kerala is not authorized to collect fees from applicants for the verification of their educational certificates by universities and examination boards. This decision underscores the Court's commitment to ensuring that the enrollment process for aspiring advocates remains fair and in strict compliance with statutory provisions.

Background of the Case

The case arose when a petitioner contested a Single Bench order that allowed his enrollment with the Bar Council of Kerala, provided he paid fees for the verification of his SSLC, Plus Two, Degree, and LLB certificates by the respective authorities and university. The petitioner argued that this condition contravened a Supreme Court directive, which mandates that such verifications should be conducted without imposing any fees on the applicants.

Supreme Court's Directive on Verification Fees

The Division Bench, comprising Justice Ziyad Rahman A. A. and Justice P. V. Balakrishnan, referenced a prior Supreme Court decision that instructed universities and examination boards to verify educational certificates without charging fees. According to this directive, the responsibility for initiating the verification process lies with the respective State Bar Councils, ensuring that applicants are not burdened with additional financial obligations during their enrollment.

Bar Council of India's 2017 Notice

The Bar Council of India (BCI) had issued a notice on January 28, 2017, directing State Bar Councils to collect a fee of ₹2,500 from candidates for the purpose of certificate verification. However, the Kerala High Court determined that, in light of the Supreme Court's earlier ruling, the BCI's directive could not be enforced. This judgment emphasizes the supremacy of the Supreme Court's decisions over subsequent directives from other legal bodies.

Statutory Provisions Under the Advocates Act, 1961

The Court also examined Section 24(1)(f) of the Advocates Act, 1961, which stipulates the enrollment fees for advocates. For general category candidates, the Act prescribes a fee of ₹600 payable to the State Bar Council and ₹150 to the Bar Council of India. For candidates belonging to SC/ST categories, the fees are ₹100 and ₹25, respectively. The Court noted that the Supreme Court had previously ruled that Bar Councils are not permitted to charge any amount exceeding these prescribed fees during enrollment.

Implications of the Judgment

This ruling has significant implications for the enrollment process of advocates in Kerala. By prohibiting the collection of additional verification fees, the Court has reinforced the principle that statutory bodies must operate strictly within the confines of the law. The judgment ensures that aspiring advocates are not subjected to unauthorized financial demands, thereby promoting a more equitable and transparent enrollment procedure.

Conclusion

The Kerala High Court's decision serves as a reminder to legal institutions to adhere to statutory provisions and judicial directives. By invalidating the Bar Council's practice of charging verification fees, the Court has upheld the rights of applicants and reinforced the legal framework governing the enrollment of advocates. This judgment is a step towards ensuring that the path to legal practice remains accessible and just, free from unwarranted financial barriers.

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