Alok Singh
On 31 December, the Kerala High Court ruled that the Bar Council of Kerala cannot impose fees on applicants for verifying their educational certificates.
This judgment, delivered by a Division Bench comprising Justice Ziyad Rahman A.A. and Justice P.V. Balakrishnan, underscores the principles of fairness and accessibility in legal enrollments.
The case, Alan Benny v. Bar Council of Kerala & Another, is related to a directive from the Bar Council of India (BCI) issued on January 28, 2017. This directive required State Bar Councils to charge a fee of ₹2,500 from applicants for certificate verification during the enrollment process.
Alan Benny, the petitioner, challenged this practice as it contradicted a Supreme Court directive mandating the free verification of certificates by universities and examination boards. The petitioner’s contention was that the Bar Councils, relying on Annexure R1(a) issued by the BCI, were imposing a disproportionate financial burden on candidates. He argued that it is contrary to the Supreme Court’s explicit directions and the provisions of the Advocates Act, of 1961.
The case arose from an interim order by a Single Bench requiring Benny to produce receipts for the fees paid for verifying his certificates, a condition he deemed unlawful.
The Supreme Court, in an earlier ruling, had categorically stated that universities and examination boards must verify educational certificates without charging fees. It further clarified that the responsibility for beginning such verifications rests with the respective State Bar Councils.
Additionally, the Court held that Bar Councils could not impose enrollment fees exceeding those prescribed under Section 24(1)(f) of the Advocates Act.
As per these provisions, the Advocates from the general category must pay ₹600 to the State Bar Council and ₹150 to the Bar Council of India. Whereas, the Advocates from SC/ST categories are required to pay ₹100 and ₹25 respectively.
The Kerala High Court emphasized that any fees beyond these statutory limits are impermissible. It ruled that the Bar Council of Kerala is obligated to process the petitioner’s enrollment application without charging any fees for certificate verification. The Court modified the interim order and allowed the petitioner to enrol on the scheduled date of January 5, 2025, even if his certificate verification remained incomplete.
It further permitted the Bar Council to take necessary actions later should any issues arise concerning the authenticity of the certificates.
Case Name: Alan Benny v. Bar Council of Kerala & Anr.,
Case Number: WA No. 2153 of 2024.
Bench: Justice Ziyad Rahman A.A. and Justice P.V. Balakrishnan.