No More Fee Barriers: Kerala High Court Rules on Enrollment Certificate Verification

In a significant relief for law graduates, the High Court of Kerala has unequivocally ruled that the Bar Council cannot charge candidates for the verification of their educational certificates during the enrollment process. The division bench, comprising Mr. Justice Ziyad Rahman A.A. and Mr. Justice P. V. Balakrishnan , struck down the practice, affirming that such verification must be conducted at no additional cost to the applicant.

The Backdrop: A Conflict of Mandates

The case arose from a Writ Appeal filed by Alan Benny, an aspiring advocate, who challenged an interim order from a single judge. The lower court had permitted his enrollment on the condition that he provide proof of payment for the verification of his SSLC, Plus Two, Degree, and LLB certificates.

The petitioner argued that this requirement directly contradicted directions issued by the Supreme Court in WP(C) No. 82/2023 , which mandated that Universities and Examination Boards verify genuineness without charging fees. Conversely, the Bar Council of Kerala relied on an older 2017 circular from the Bar Council of India (BCI) that stipulated a fee of ₹2,500 for such services.

Arguments from the Bar and the Bench

The appellant contended that the Bar Council is legally obligated to manage certificate verification processes internally without passing the financial burden onto the students.

The Bar Council of Kerala stood behind the 2017 BCI circular, asserting that administrative costs required the collection of fees. However, the High Court pointed to Section 24(1)(f) of the Advocates Act, 1961 , emphasizing that the State Bar Council is not empowered to charge "enrollment fees" beyond established legal stipulations. The Court noted that the duty of verifying certificates rests with the Bar Council, and by extension, the relevant boards and universities , all of whom have been directed by the Supreme Court to perform this task gratis.

Key Observations

The judgment underscores the judiciary's commitment to ensuring that entry into the legal profession is not obstructed by unauthorized financial hurdles. The Court’s reasoning was sharp:

• "There is a specific direction issued by the Hon’ble Supreme Court to the effect that all Universities and Examination Boards shall verify the genuineness of the educational certificates without charging any fee."
• "There is a duty cast upon the Bar Council to get the certificates of the applicant verified by the concerned Boards and Universities , without charging any fees."
• "We do not find any entitlement on the part of the 1st respondent to collect the fees for verification."

A Path Forward for Applicants

The High Court’s ruling provides immediate clarity. While the Bar Council expressed concerns regarding the proximity of the next enrollment date scheduled for January 5, 2025, the Court took a pragmatic approach.

It ordered that the petitioner’s enrollment process continue immediately. Crucially, the Court directed that the applicant be permitted to enroll even if the verification process remains incomplete by the enrollment date, provided that the Bar Council initiates the verification process without delay. If, post-enrollment, a certificate is found to be non-genuine, the Bar Council retains the authority to take corrective action, including the cancellation of enrollment.

This decision not only upholds the financial rights of law graduates but also ensures that the administrative efficiency of the Bar Council serves the interest of legal professionals rather than hindering their entry into the bar.