No Room for Extra Fees: Kerala High Court Sets New Standards for Bar Enrollment

In a ruling that impacts thousands of aspiring lawyers, the High Court of Kerala has strictly prohibited the Bar Council from charging fees for the verification of educational certificates during the enrollment process. The judgment, delivered by a Division Bench comprising Justice Ziyad Rahman A.A. and Justice P. V. Balakrishnan, emphasizes that such administrative verification must be performed without financial burden on the applicant.

The Spark of Litigation

The case arose from a Writ Appeal filed by Alan Benny, an aspiring advocate, who challenged an interim order from a Single Judge. The original order had permitted the petitioner's enrollment on the condition that he produce a receipt for fees paid toward verifying his SSLC, Plus Two, Degree, and LLB certificates. Benny contended that, based on standing Supreme Court directions, charging these fees was legally untenable.

The Arguments: A Clash of Directives

The petitioner’s case rested squarely on the Supreme Court’s order in WP(C) No. 82/2023 , which mandates that all Universities and Examination Boards must verify the genuineness of educational certificates free of charge, with the Bar Council acting as the requesting body.

The Bar Council of India, however, invoked a 2017 circular (Circular No. BCI:D:529/2017) which stipulated that State Bar Councils should charge candidates ₹2,500 for document verification at the time of enrollment. The Council argued that this fee was necessary to cover internal administrative costs associated with verifying a candidate's academic credentials.

Legal Analysis: The Supremacy of Supreme Court Mandates

The High Court rejected the Bar Council's reliance on their 2017 circular, finding it inconsistent with higher mandates. The Bench noted that the duty to initiate verification lies with the Bar Council, and the obligation of the Universities to provide such verification gratis creates an environment where fees are unjustified.

Referencing the Supreme Court’s interpretation of Section 24(1)(f) of the Advocates Act, 1961, the Court reiterated that statutory bodies cannot impose additional financial burdens beyond what is expressly stipulated under the law.

Key Observations

The Court’s reasoning was anchored in several pivotal observations:

• "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."
• "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 Decisive Victory for Applicants

The High Court has ordered the Bar Council of Kerala to process the appellant’s enrollment immediately. Critically, to avoid stalling the career of the petitioner due to administrative lag, the Court ruled that the petitioner be permitted to enroll even if the verification process is not fully completed by the scheduled date.

However, the Court included a necessary safeguard: if, after enrollment, the certificates are found to be non-genuine or improper, the Bar Council retains the authority to take appropriate action, including the cancellation of the enrollment. This judgment serves as a significant check on the fee structures currently employed by various Bar Councils across the country, reinforcing the principle that access to the legal profession should not be hindered by unnecessary administrative levies.