The Madras High Court has dismissed a Public Interest Litigation (PIL) that sought to reduce the All India Bar Examination (AIBE) fee. The court ruled that the current fee of Rs.3,500 is not exorbitant. It emphasized that the fee is reasonable considering the examination’s purpose and administration costs.
Madurai: The Madras High Court recently dismissed a petition seeking a reduction in the application fee for the All India Bar Examination (AIBE) conducted by the Bar Council of India (BCI), noting the absence of a statutory provision to regulate this fee.
On June 18, a Bench comprising Acting Chief Justice R Mahadevan and Justice GR Swaminathan of the Madurai bench dismissed a public interest litigation (PIL) filed by Advocate Gokul Abhimanyu. The PIL sought directions for the BCI to lower the AIBE application fee, which is currently set at Rs.3,500.
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The Bench observed that unlike the enrolment fee specified under the Advocates Act, there is no statutory provision that caps the AIBE examination fee.
The High Court stated,
“Unlike in the case of enrolment fee, there is no statutory provision which prescribes any particular sum towards examination fee. A Writ of Mandamus can be issued only if the applicant can show the existence of a legal right. In this case, no such legal right has been shown,”
Additionally, the Court remarked that the fee amount of Rs. 3,500 is not unreasonable, and hence, it would not intervene in this matter.
The Court added,
“Even if there were no statutory violations, we would have the authority to intervene if the fee amount was excessively high. However, this is not the case here. The applicants are only required to pay a sum of Rs. 3,500/-, which cannot be considered exorbitant. Therefore, we find no grounds for interference.”
Upon hearing the submissions, the court noted that the petitioner’s argument centered around the application fee and requested its reduction. The petitioner’s counsel reiterated all points mentioned in the affidavit and urged the court to provide relief.
The court, however, remarked,
“We are not convinced by the arguments presented by the petitioner’s counsel. Section 24 (1)(f) of the Advocates Act, 1961, specifies that the enrolment fee payable to the state bar council is Rs. 600, and to the BCI, it is Rs. 150. The fees currently charged by the state bar councils nationwide exceed the prescribed amounts.”
Advocate M Pozhilan represented the petitioner, Gokul Abhimanyu.
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Deputy Solicitor General of India K Govindarajan represented the respondent, the Union government, and the BCI.
The Madras High Court‘s decision to reject the PIL seeking to lower the AIBE fee highlights the judiciary’s role in balancing various interests and maintaining the integrity of professional examinations. While the ruling upholds the current fee structure, it also opens the door for ongoing discussions about accessibility and fairness in the legal profession. As the legal community continues to evolve, such debates will remain crucial in shaping policies that reflect both quality and inclusivity.