Bar Councils Cannot Charge Fees for Certificate Verification, Rules Kerala High Court - 2024-12-31

Enrollment Hurdles: High Court Ends Fee Collection for Educational Verification

The path to becoming a legal professional is rigorous, often fraught with bureaucratic hurdles. For Alan Benny, a 26-year-old law graduate, the barriers were not just academic, but financial. Challenging an interim order of the High Court, the candidate questioned the legality of the Bar Council’s demand for fees to verify his educational records—a victory that now serves as a precedent for all aspiring advocates under the jurisdiction of the Kerala Bar Council.

The Backdrop of the Dispute

The dispute originated when Alan Benny sought enrollment with the Bar Council of Kerala. As part of the administrative process, he was directed to pay a fee for the verification of his SSLC, Plus Two, Degree, and LLB certificates. Relying on an order passed by the Hon’ble Supreme Court in WP(C) No. 82/2023 , Benny challenged the condition, arguing that the financial burden imposed by the Bar Council was contrary to the highest court's mandate.

The Legal Tug-of-War

The Bar Council of India, represented by its Standing Counsel, defended the fee collection by pointing to a specific circular dated 28.01.2017. This notice mandated that State Bar Councils collect Rs. 2,500 from candidates to facilitate the verification of educational documents.

However, the petitioner highlighted that the Supreme Court had already decisively intervened in the matter of certificate verification. The Apex Court had explicitly directed that all Universities and Examination Boards must verify the genuineness of educational certificates without charging any fee to the candidates.

Reasoning of the High Court

The Division Bench, comprising Hon’ble Mr. Justice Ziyad Rahman A.A. and Hon’ble Mr. Justice P. V. Balakrishnan, found merit in the petitioner’s argument. The Court noted that the Bar Council of India’s 2017 circular could not supersede binding Supreme Court directives.

The Bench emphasized that because the Bar Council is tasked with requesting the verification, it bears the responsibility to ensure the process is conducted without offloading costs onto the student. Furthermore, the court held that charging fees beyond the stipulations of the Advocates Act, 1961 was inconsistent with the established legal framework for enrollment.

Key Observations

The High Court’s ruling drew heavily from the binding nature of the Supreme Court's instructions:

• "All Universities and Examination Boards shall verify the genuineness of the educational certificates without charging any fee for the purpose of verification."
• "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."
• "The State Bar Council cannot charge 'enrollment fees' beyond the express legal stipulation under Section 24(1)(f) of the Advocates Act, 1961."

A Clear Path Forward

In its final order, the Court modified the interim conditions, ruling that the Bar Council must process the petitioner’s application for enrollment immediately without charging any verification fees.

Recognizing that the upcoming enrollment date of January 5, 2025, might not allow sufficient time for full verification, the Bench issued a pragmatic order: the applicant is to be permitted to enroll even if the verification process remains ongoing. The Court, however, included a safeguard: should any submitted certificates be found non-genuine, the Bar Council reserves the right to initiate cancellation proceedings. This judgment provides much-needed relief to law graduates and reinforces the principle that administrative processes for professional entry should not be turned into revenue-generating exercises.