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2016 Supreme(Ker) 1365
High Court of Kerala
Alexander Thomas, J.
T Koshy - Appellant
Versus
Bar Council of Kerala & Ors - Respondent
W.P.(C) No. 26831 of 2015 , W.P.(C). No. 3542 of 2016 , W.P.(C). No. 32188 of 2016 , W.P.(C). No. 25420 of 2013
Decided On : 30-11-2016
Headnote:Advocates Act 1961, S. 24(1)(f) – The delivery that supposedly approves the gathering of exceptional fee from those applicants who seek staffing would certainly be blatant and blatant defilement of the requirements contained in Section 24(1)(f) of the Advocates Act and obviously and completely outside the rule making power of either the State Bar Councils.
Alexander Thomas, J.
1. All these Writ Petitions (Civil) have been filed by persons who are applicants, who have sought enrolment as Advocates with the respondent Bar Council of Kerala, as per the provisions of the Advocates Act, 1961 and the challenge raised by them is against the impugned stipulation made by the respondent State Bar Council that they should pay special fee for such enrolment process, over and above the statutory enrolment fee of Rs.750/- as fixed in Sec.24(1)(f) of the Advocates Act. Vast majority of the petitioners herein had acquired their LLB degree from various law colleges concerned and they had obtained employment either under the Government or under public sector institutions and had retired from service and had thereafter sought fresh enrolment as Advocates as per the provisions of the Advocates Act, 1961 and the Rules framed thereunder. However, the petitioners in W.P.(C).Nos.5592/2016, 9699/2016 and 26831/2015 had undergone LLB course only after their retirement from service and after acquiring the LLB degree had sought fresh enrolment as Advocates on the rolls of the respondent State Bar Council.
2. The pleadings in W.P.(C).No.25740/2013 are not clear as to the dates of retirement of those persons. But it is stated that they had acquired LLB degree in 2012 and had thereafter sought enrolment. But it is not very clear whether those petitioners had acquired the LLB degree during the time of their employment or whether they had prosecuted studies after their retirement.
3. Ext.P-3 fee structure produced in W.P.(C).No.28221/2016 lays down the fee structure for the special fee impugned in that Writ Petition as well as W.P.(C).Nos.28222, 28223, 27894, 32188, 19927 and 29629 of 2016. Clause 7 thereof deals with special fee, which reads as follows:
"7. Special Fee
| (a) | Candidates seeking Enrolment after five years and below 10 years from the date of passing the LLB Degree | Rs.10,000/- |
| (b) | Candidates seeking Enrolment after 10 years from the date of passing the LLB Degree | Rs.20,000/- |
| (c) | Candidates those who had retired from service seeking Enrolment after attaining the age of Superannuation whose last drawn monthly gross salary is upto Rs.60,000/- | Rs.15,000/- |
| (d) | Candidates those who had retired from service seeking Enrolment after attaining the age of Superannuation whose last drawn monthly gross salary above Rs.60,000/- | Rs.40,000/- |
| (e) | Those who had undergone law Degree after retirement from service | Rs.15,000/- |
| (f) | Those who had voluntary retired from service/ employment in India or abroad | Rs.15,000/- |
The petitioners in those Writ Petitions essentially challenge clause 7(d), whereby the respondent State Council has demanded them to pay special fee of Rs. 40,000/-. Ext.P-5 produced in W.P.(C).No.9261/2016 is the fee structure which is the impugned special fee as relatable to that Writ Petition as well as in W.P.(C).Nos.7529, 3542, 21374, 16942, 5592 and 9699 of 2016. Clause 7 of Ext.P-5 in W.P.(C).No.9261/2016, which deals with the special fee, that is impugned in that Writ Petition, reads as follows:
"7. Special Fee
| (a) | Candidates seeking Enrolment after five years and below 10 years from the date of passing the LLB Degree | Rs.20,000/- |
| (b) | Candidates seeking Enrolment after ten years from the date of passing the LLB Degree or after retirement | Rs.25,000/- |
| (c) | Candidates those who had retired from service seeking Enrolment after attaining the age of Superannuation | Rs.40,000/- |
As per Clause 7(c) of the abovesaid fee structure, the respondent State Council had demanded that they should pay an amount of Rs.40,000/- as special fee for seeking enrolment. Out of the aforestated 17 Writ Petitions, it appears that 14 peti
