Bar Council Cannot Charge Fees for Educational Certificate Verification: Kerala High Court - 2024-12-19

No More Administrative Hurdles: Court Rules Verification Fees Unlawful for Law Enrollment

In a significant decision for aspiring legal professionals, the Kerala High Court has ruled that Bar Councils are prohibited 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, ensures that administrative costs cannot be passed on to candidates seeking to join the legal profession.

The Backdrop of the Dispute

The matter arose from a Writ Appeal filed by Alan Benny, an aspiring advocate, who challenged an interim order that required him to pay verification fees for his SSLC, Plus Two, Degree, and LLB certificates. While the Bar Council insisted that these charges were authorized under their 2017 circular, the petitioner argued that such levies were inconsistent with the directives issued by the Supreme Court of India regarding document verification processes.

Arguments: Fees Versus Institutional Duty

The legal battle pitted individual financial burden against administrative procedure. The Bar Council of India, relying on an internal notice from 2017, maintained that candidates must bear the Rs. 2,500 verification fee.

Conversely, the appellant highlighted that such costs lack legal foundation. Relying on Supreme Court observations, the petitioner argued that Universities and Examination Boards are tasked with the public duty of verifying certificates without charging applicants, and that the Bar Council is legally obligated to facilitate this process free of cost.

Judicial Reasoning: Upholding Fairness

The High Court meticulously dismantled the practice of charging verification fees. Referencing specific Supreme Court orders, the bench observed that no "enrollment fees" beyond the express stipulations under Section 24(1)(f) of the Advocates Act, 1961, are permissible.

The Court determined that the Bar Council is responsible for the requisition of verification reports and cannot shift the pecuniary burden of this statutory duty onto students. The judges emphasized that if the government or university boards have been mandated to conduct verification without cost, the Bar Council has no authority to countermand that logic by collecting fees.

Key Observations

The judgment clarifies the relationship between administrative duty and applicant rights with the following statements:

> "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."

> "In the light of the observations made by the Hon’ble Supreme Court also, we do not find any entitlement on the part of the 1st respondent to collect the fees for verification."

Future Implications

The Court directed the Bar Council of Kerala to process the petitioner’s enrollment immediately. Crucially, it ruled that an applicant should not be stalled due to the time taken for verification. If the verification is pending, the candidate must be permitted to enroll, subject to the Bar Council’s right to cancel the enrollment if certificates are later discovered to be fraudulent.

This verdict serves as a vital safeguard for law graduates, ensuring that the path to the bar remains focused on merit rather than overcoming unnecessary financial and bureaucratic hurdles.