The Kerala High Court ruled that the State Bar Council of India (BCI) cannot charge Rs.2,500 as certificate verification fees for enrollment. The court said that the rule directing State Bar Councils to collect this fee cannot be enforced.
The Kerala High Court ruled that the State Bar Council cannot impose a fee on applicants for verifying their educational certificates during the enrollment process.
A bench comprising Justice Ziyad Rahman AA and Justice PV Balakrishnan stated that universities and examination boards have been instructed by the Supreme Court to conduct these verifications free of charge.
The court remarked,
“In light of the observations made by the Hon’ble Supreme Court, we do not find any entitlement on the part of the 1st respondent (Bar Council of Kerala) to collect fees for verification.”
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It emphasized that the Bar Council has a responsibility to verify certificates with the relevant boards and universities without charging any additional fees beyond the enrollment fee.
The Bench added,
“In the light of 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 for the purpose of verification. It is also discernible from the observations that the requisitions for verification are to be submitted by the Bar Council only,”
Consequently, the court ruled that the Bar Council of India’s directive requiring State Bar Councils to collect Rs. 2,500 for certificate verification is not enforceable. This decision came in response to a petition by Alan Benny, who challenged the fee requirement imposed by both the Bar Council of Kerala and the Bar Council of India for verifying his educational credentials for law enrollment.
A single-judge of the High Court had previously allowed Benny to enroll, contingent upon his submission of a receipt for the verification fee paid for his SSLC, Plus Two, Degree, and LLB certificates. Benny argued that charging for certificate verification contradicts the Supreme Court’s ruling in Ajay Shankar Srivastava v. Bar Council of India & Anr., which prohibits such fees.
The Bar Council of Kerala defended the fee by referencing a 2017 notice from the Bar Council of India, claiming the fee was essential for ensuring the authenticity of applicants’ certificates. However, the court noted that the Supreme Court had clearly instructed Bar Councils to verify certificates through the relevant universities and examination boards.
Referring to Section 24(1)(f) of the Advocates Act of 1961, the court stated that Bar Councils are restricted from charging fees beyond the legally mandated enrollment fees.
It emphasized,
“Charging additional fees for certificate verification violates this statutory provision.”
In response to the Bar Council of Kerala’s arguments, the court clarified that the BCI’s 2017 notice allowing for a Rs. 2,500 charge for verification directly contravenes the Supreme Court’s instructions. The court concluded that the Bar Council must verify applicants’ certificates without imposing fees, and therefore, the stipulation to collect Rs. 2,500 for verification cannot be enforced.
Regarding Benny’s immediate enrollment concerns, the court directed the Bar Council of Kerala to process his application and forward his certificates for verification without any fee. It allowed his enrollment on January 5, even if the verification process remains incomplete, with the condition that his enrollment could be revoked if the certificates are later found to be invalid.
Benny was represented by advocates Aslam KK, Akshai M Sivan, Astel Joseph, Avanthika R, Muhammed Abdul Basith EA, and Roy Antony, while the Bar Council of Kerala was represented by advocate MU Vijayalakshmi. Senior Advocate K Jaju Babu appeared on behalf of the Bar Council of India.