Enrollment Barrier Removed: Kerala High Court Rules Against Verfication Fees for Aspiring Advocates

The High Court of Kerala has delivered a significant verdict providing relief to law graduates across the state. In a challenge brought by an aspiring advocate, the court has categorically prohibited the Bar Council from charging fees for the verification of educational credentials during the enrollment process, emphasizing that the burden of such verification lies with the regulatory body, not the candidate.

The Conflict: A Question of Costs

The appellant, Alan Benny, challenged an interim order that required him to pay fees for the verification of his SSLC, Plus Two, Degree, and LLB certificates as a prerequisite for enrollment. Relying on previous directions from the Supreme Court , Benny argued that such a levy was unauthorized and burdensome.

The Bar Council of Kerala, represented by its Standing Counsel, defended the charges by pointing to an older circular issued by the Bar Council of India (BCI) dated January 28, 2017, which authorized a fee of ₹2,500 for certificate verification at the time of enrollment.

Legal Analysis: Following the Supreme Court ’s Lead

The division bench, comprising Justice Ziyad Rahman A.A. and Justice P.V. Balakrishnan, scrutinized the legality of the BCI circular in light of recent Supreme Court orders. The High Court noted that the Supreme Court had already issued specific directives in WP(C) No. 82/2023 , mandating that universities and examination boards must verify the genuineness of educational certificates without charging any fee.

The court further observed that because the requirement to initiate the verification process rests solely with the Bar Council , the Council is legally obligated to manage this task without extracting fees from applicants. The court clarified that the previous BCI circular—to the extent that it stipulated a ₹2,500 fee—could no longer be constitutionally or legally implemented.

Key Observations

The judgment underscores several critical points regarding the administrative responsibilities of professional regulatory bodies:

• On the duty to verify: "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."
• On the status of existing circulars: "Annexure R1(a), to the extent stipulates the collection of fees of ₹2,500/- for verification, cannot be implemented."
• On protecting the rights of candidates: "The petitioner shall be permitted to get enrolled even if the verification of the certificates of the petitioner is not completed before the enrollment date."

The Verdict and Its Implications

The Kerala High Court ordered the Bar Council to process the petitioner's enrollment application immediately without collecting verification fees. Crucially, the court directed that enrollment should not be stalled by the verification process itself. Should the verification indicate that any certificates provided by the candidate are not genuine, the Bar Council reserves the right to take disciplinary action, including the cancellation of enrollment.

This decision marks a triumph for transparency and accessibility in the legal profession, ensuring that aspiring advocates are not subjected to arbitrary financial barriers during the transition from graduation to practice. By streamlining the verification process and shifting the administrative burden to the Bar Council , the court has set a clear precedent for how regulatory fees must align with higher judicial mandates.