No Fee for Verification: Kerala High Court Streamlines Bar Enrollment Process

In a significant ruling, the High Court of Kerala has clarified that State Bar Councils lack the authority to impose financial burdens on law graduates through certificate verification fees. The Division Bench, led by Justice Ziyad Rahman A.A. and Justice P. V. Balakrishnan, invalidated the collection of such fees, citing essential directives from the Supreme Court.

The Conflict: A Barrier to Entry

The case arose when appellant Alan Benny challenged an interim order from a Single Judge that had made the payment of fees for verifying academic credentials (SSLC, Plus Two, Degree, and LLB certificates) a condition for his enrollment. The Bar Council of Kerala, defending the practice, relied upon a 2017 circular issued by the Bar Council of India (BCI), which mandated a ₹2,500 collection for the verification process.

The appellant contended that this mandate contradicted a specific Supreme Court order in WP(C) No. 82/2023 , which clearly prohibited Universities and Examination Boards from charging fees for the verification of educational credentials required for professional enrollment.

Legal Reasoning: Following the Supreme Court Mandate

The Division Bench anchored its decision in the principle that local administrative circulars cannot override the directives of the Apex Court. The Court observed that the task of verifying the genuineness of certificates is a duty assigned to the Bar Council as part of the enrollment process.

Crucially, the Court emphasized that under Section 24(1)(f) of the Advocates Act, 1961 , State Bar Councils are strictly limited in their ability to charge "enrollment fees." By imposing an additional "verification fee," the Bar Council was essentially attempting to collect charges outside of express legal stipulations.

Key Observations

The judgment highlighted the following critical points:

• "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 for the purpose of verification."
• "In the light of Ext.P8 order passed by the Hon’ble Supreme Court, there is an obligation on the part of the Universities and Examination Boards to verify the genuineness of the educational certificate 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."

The Final Verdict: Enrollment Secured

The High Court has directed the Bar Council of Kerala to process the petitioner’s enrollment application without collecting the disputed verification fee. Recognizing the urgency of the upcoming enrollment date (January 5, 2025), the Court further ordered that even if the verification process is pending, the candidate must be permitted to enroll.

However, the Court balanced this by clarifying that if subsequent verification reveals any discrepancies in the petitioner's educational credentials, the Bar Council reserves the right to initiate action to cancel the enrollment. This ruling serves as a vital precedent, ensuring that the path for aspiring advocates remains free from unauthorized administrative financial barriers.