In a strong message against the exploitation of legal professionals, the Kerala High Court has directed the National Council for Teacher Education (NCTE) to pay over ₹12.11 lakh in outstanding legal fees to the family of Advocate VM Kurian, who served as NCTE’s standing counsel for nearly two decades until his passing in 2018. The Court also imposed ₹50,000 in costs on the Council for its “blameworthy” conduct.
Justice Mohammed Nias CP delivered the ruling in a writ petition filed by Advocate Mathew B Kurian, son of the late VM Kurian. The petitioner claimed that despite representing the NCTE in over 590 cases since 2000, his father was never fully compensated, and several bills—some dating back to 2004—remained unpaid despite repeated reminders.
The Court held that the non-payment of agreed legal fees was “unjustifiable and condemnable,” particularly when there was no dispute over the late lawyer’s engagement or the services rendered.
Quoting the Bar Council of India Rules, the judge remarked:
“The fair payment to the Advocates is essential to ensure the independence, dignity and non-subordination of the legal profession and is also quintessential to maintain the ethical integrity. Non-payment or arbitrary denial of fees leads to exploitation of legal professionalism, which hinders access to justice.”
The NCTE attempted to justify the delay by citing internal guidelines and budgetary constraints, but the Court rejected this argument, stating that new guidelines cannot be applied retrospectively and that no objections were ever raised during Kurian’s service.
“There is no allegation that the lawyer concerned had not appeared or that the cases had not been disposed of. Only ten cases are shown where the NCTE is not a party. Under such circumstances, there is no justification at all for non-payment of the agreed fees,” the judgment said.
Additionally, the Court dismissed NCTE’s objection on maintainability, reaffirming that writ petitions seeking professional fee payments from state agencies are indeed maintainable under Article 226 of the Constitution.
The NCTE has now been granted two months to clear the dues along with the ₹50,000 in costs awarded to the petitioner.
Case: Mathew B Kurian vs NCTE & ors – Available on LAWFYI.IO
