The Kerala High Court recently struck down the Bar Council of India’s directive requiring State Bar Councils to collect ₹2,500 for certificate verification as part of the enrollment process. The Court ruled that the Bar Council of Kerala, as well as other state bodies, cannot charge fees for verifying the educational certificates of candidates wishing to enroll as lawyers.
The Bench, consisting of Justice Ziyad Rahman AA and Justice PV Balakrishnan, emphasized that the responsibility for verifying educational qualifications rests with universities and examination boards, and they must carry out this process free of charge. In its ruling, the Court cited a Supreme Court decision in the case of Ajay Shankar Srivastava v. Bar Council of India that clearly instructed these bodies to verify certificates without imposing any additional fees.
The Court’s observation highlighted that “universities and examination boards have already been directed by the Supreme Court to verify certificates of candidates enrolling into the bar free of charge.” It further stated that the Bar Council’s duty is to ensure the certificates are verified by the appropriate authorities, without charging any fee except for the prescribed enrollment fees.
The decision stemmed from a petition filed by Alan Benny, who challenged the Bar Council of Kerala’s fee requirement for certificate verification. Benny argued that the fee violated the Supreme Court’s ruling in the aforementioned case. The Bar Council of Kerala had defended the fee, citing a 2017 notice from the Bar Council of India that mandated the ₹2,500 charge to ensure the authenticity of submitted certificates.
The Court clarified that the Bar Council of Kerala’s reliance on the BCI’s 2017 notice was misplaced, as it contradicted the Supreme Court’s instructions. It reiterated that charging additional fees for verification is in direct conflict with the provisions of Section 24(1)(f) of the Advocates Act of 1961, which limits the fees that Bar Councils can collect to the legally stipulated enrollment charges.
As part of the judgment, the Court directed the Bar Council of Kerala to process Benny’s application and send his certificates for verification without charging any fee. Benny’s enrollment was permitted on January 5, with the condition that his enrollment could be revoked if the certificates are later found to be invalid.
This ruling serves as a significant reminder that the verification process for educational certificates in the bar enrollment procedure must be carried out without imposing any additional costs on candidates.
Case: Alan Benny vs Bar Council of Kerala & anr – Available on LAWFYI.IO
