Bar Councils Prohibited From Charging Fees for Certificate Verification During Enrollment: Kerala High Court - 2024-12-31

Enrollment Hurdles: Kerala High Court Strikes Down Verification Fees for Law Grads

In a significant relief to aspiring advocates, the Kerala High Court has ruled that Bar Councils are prohibited from charging fees to law graduates 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 , affirmed that the responsibility of verification rests with the state authorities without imposing additional financial burdens on candidates.

The Backdrop: A Dispute Over Hidden Costs

The litigation began when Alan Benny, a prospective advocate, challenged an interim order from a single judge. That order had permitted his enrollment on the condition that he produce a receipt showing he had paid for the verification of his SSLC, Plus Two, Degree, and LLB certificates.

Mr. Benny contested this requirement, relying on directives from the Supreme Court. The Bar Council of Kerala, supported by a 2017 circular from the Bar Council of India, had maintained that a fee of ₹2,500 was legally necessitated for this administrative verification.

Legal Reasoning: The Supreme Court's Mandate

The High Court’s decision centered on the principle of transparency in legal enrollment. Citing previous Supreme Court observations, the bench noted that universities and examination boards are mandated to verify certificates without charging any fees. Because the Bar Council is the entity requesting the verification, it is fundamentally at odds with the Court’s direction to pass those costs onto the applicant.

The Court held that the legal stipulations of the Advocates Act, 1961, do not permit the collection of "enrollment fees" beyond what is expressly provided. The 2017 fee mandate from the Bar Council of India was deemed unenforceable in the face of this judicial precedent.

Key Observations

The judgment clarifies that the administrative duty of authentication belongs to the state and the licensing bodies, not the students. Among the court's most notable observations were:

• "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."
• "The State Bar Council cannot charge 'enrollment fees' beyond the express legal stipulation under Section 24(1)(f) of the Advocates Act, 1961."

A Path to Enrollment

With the next enrollment date approaching on January 5, 2025, the Court ensured that administrative delays would not hinder candidates' careers. The bench directed the Bar Council to initiate the verification process for the appellant immediately.Crucially, the Court granted the petitioner permission to enroll even if the verification process is not fully completed by the scheduled date, provided that the Bar Council retains the right to take action if the certificates are later found to be non-genuine.

This ruling provides a clear precedent for law graduates across the country, reinforcing the right to access the legal profession without paying arguably predatory or unauthorized administrative fees.