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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, C. KUMARAPPAN, JJ.
Bar Council of Tamil Nadu and Puducherry, Represented by its Secretary - Petitioner
Versus
University Grants Commission, Represented by its Chairman & Ors. - Respondents
WP No. 34237 of 2019 and WMP Nos. 34867 and 34869 of 2019
Decided On : 18-06-2024
VERIFICATION CHARGES - EDUCATIONAL CERTIFICATES - The court emphasized that universities and law colleges are prohibited from charging verification fees for the genuineness of educational certificates, as established by the Supreme Court ruling. This provision mandates prompt verification without undue delay, influencing the court's decision to dispose of the writ petition accordingly.
Fact of the Case:
The petitioner challenged the collection of verification charges by universities and law colleges for verifying the genuineness of educational certificates as mandated by the Bar Councils.
Finding of the Court:
The court found that the Supreme Court had already ruled that no fees should be charged for verification of educational certificates, and thus, no further adjudication was necessary.
Issues: Whether universities and law colleges can charge verification fees for educational certificates when requested by Bar Councils.
Ratio Decidendi: The Supreme Court's ruling in Ajai Shankar Srivastava vs. Bar Council of India established that verification of educational certificates must be conducted without any fee, which the court upheld in this case.
Result: The writ petition was disposed of in accordance with the Supreme Court's judgment, with no order as to costs.
ORDER :
S.M. Subramaniam, J.
Mr. C.K. Chandrasekkar, learned counsel for the petitioner, would submit that the Hon'ble Supreme Court of India passed an order stating that the Universities and Law Colleges cannot collect verification charges, whenever Bar Councils sent letters for verification and to ascertain the genuinity of the Certificates issued by the Universities and Law Colleges.
2. The Hon'ble Supreme Court of India in the case of Ajai Shankar Srivastava vs. Bar Council of India and Another [judgment pronounced on April 10, 2023 in WP (Civil) No.82 of 2023], wherein in paragraph-16, it has been held as under:-
3. In view of the judgment of the Hon'ble Supreme Court of India (cited supra), no further adjudication is required and all concerned are bound by the judgment of the Hon'ble Supreme Court of India.
4. Accordingly, the present writ petition stands disposed of. However, there shall be no order as to costs.
Universities and law colleges are legally required to verify the genuineness of educational certificates without charging any fees, as per the Supreme Court's directive.
The Bar Council cannot charge fees for the verification of educational certificates as mandated by the Supreme Court.
The due verification of advocates is essential to preserve the integrity of the administration of justice.
Fees charged in excess of the statutory enrolment fee under the Advocates Act, 1961, are impermissible and unconstitutional.
The charging of enrolment fees exceeding statutory limits is impermissible and violates fundamental rights under the Constitution.
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