Kerala High Court: Bar Council Cannot Charge Certificate Verification Fees for Enrollment
The Kerala High Court recently ruled that the State Bar Council cannot levy fees for verifying applicants’ educational certificates during the enrollment process (Alan Benny v. Bar Council of Kerala & Anr).
Supreme Court Guidelines Cited
A Division Bench comprising Justice Ziyad Rahman AA and Justice PV Balakrishnan observed that the Supreme Court had already directed universities and examination boards to verify certificates for candidates seeking bar enrollment at no cost.
“Thus, in light of the observations made by the Hon’ble Supreme Court, we do not find any entitlement on the part of the first respondent [Bar Council of Kerala] to collect fees for verification,” the Court stated.
The Bench emphasized that the Bar Council must verify candidates’ certificates through the concerned boards and universities without charging additional fees, apart from the enrollment fee.
BCI Fee Directive Overruled
The Court further ruled that the directive of the Bar Council of India (BCI), which mandated State Bar Councils to collect ₹2,500 as certificate verification fees, could not be implemented.
The Bench noted that the Supreme Court’s ruling in Ajay Shankar Srivastava v. Bar Council of India & Anr specifically prohibited Bar Councils from charging verification fees. It also highlighted Section 24(1)(f) of the Advocates Act, 1961, which limits the fees Bar Councils can collect to legally stipulated enrollment fees.
The Case
The petition was filed by Alan Benny, who challenged the Kerala Bar Council’s requirement for verification fees as part of his enrollment process. Benny argued that the fee violated the Supreme Court’s judgment in the Ajay Shankar Srivastava case, which held that Bar Councils could not impose such charges.
The Kerala Bar Council defended the fee, citing a 2017 BCI notice that directed State Bar Councils to collect ₹2,500 for certificate verification to ensure authenticity.
Court’s Observations
The Court reiterated that the Supreme Court had placed the responsibility of certificate verification on Bar Councils, directing them to work with universities and examination boards without imposing additional costs on applicants.
“The above position is clear from the observations made by the Hon’ble Supreme Court in Ext.P3 judgment…wherein it was directed that the State Bar Council cannot charge ‘enrollment fees’ beyond the express legal stipulation under Section 24(1)(f) of the Advocates Act, 1961,” the Bench noted.
The Court ruled that the BCI’s 2017 directive contradicted Supreme Court orders and was therefore unenforceable.
Enrollment Ordered Without Fees
The Court directed the Kerala Bar Council to process Benny’s application and verify his certificates without imposing any fees. It allowed his enrollment on January 5, 2025, even if the verification remained incomplete, with the condition that his enrollment could be canceled if his certificates were later found invalid.
Representation
The petitioner, Alan Benny, was represented by advocates Aslam KK, Akshai M Sivan, Astel Joseph, Avanthika R, Muhammed Abdul Basith EA, and Roy Antony.
Advocate MU Vijayalakshmi appeared for the Bar Council of Kerala, while Senior Advocate K Jaju Babu represented the Bar Council of India.
This ruling underscores the Court’s commitment to enforcing Supreme Court directives and ensuring fair practices in the enrollment process for aspiring advocates.
