In a landmark ruling, the Kerala High Court declared that state bar councils cannot impose fees for verifying educational certificates during the enrollment process. The Court struck down a ₹2,500 fee mandated by the Bar Council of India (BCI), citing it as a violation of Supreme Court guidelines and statutory law.
A Division Bench of Justice Ziyad Rahman AA and Justice PV Balakrishnan emphasized that universities and examination boards are obligated to verify candidates’ educational credentials without charging fees, following a prior Supreme Court directive. The Bench held that the Bar Council has a responsibility to ensure this verification is carried out, but without passing any additional financial burden onto applicants.
The decision came in response to a petition filed by Alan Benny, who challenged the fee levied by the Bar Council of Kerala and the BCI as a prerequisite for enrollment. Benny argued that this requirement contradicted the Supreme Court’s judgment in Ajay Shankar Srivastava v. Bar Council of India, which explicitly prohibited bar councils from charging verification fees.
The Bar Council of Kerala defended the practice by pointing to a 2017 notice from the BCI, which instructed state councils to collect verification fees to authenticate applicants’ certificates. However, the Court found this notice inconsistent with the Supreme Court’s directives and Section 24(1)(f) of the Advocates Act of 1961, which limits bar councils to charging only statutory enrollment fees.
The Court concluded that the BCI’s directive was unenforceable and reiterated that the responsibility for verification lies with the bar councils, without any additional cost to the applicants. Furthermore, it ordered the Bar Council of Kerala to process Benny’s application and forward his certificates for verification without imposing any fees.
The Court also allowed Benny’s enrollment on January 5, irrespective of the verification status, with the condition that his membership could be revoked if his credentials were later found to be invalid.
This ruling reinforces the Supreme Court’s stance on removing financial barriers for aspiring lawyers and sets a precedent for similar cases across India.
