The Madras High Court has dismissed a public interest litigation seeking to reduce the application fee for the All India Bar Examination (AIBE) conducted by the Bar Council of India (BCI). The judgment was delivered by a division bench comprising Acting Chief Justice R. Mahadevan and Justice G.R. Swaminathan.
Background:
The petitioner, Gokul Abimanyu, an advocate practicing before the Madurai Bench of the Madras High Court, filed the writ petition under Article 226 of the Constitution of India. The petition sought a writ of mandamus directing the Bar Council of India to reduce the application fee for the AIBE based on the petitioner’s representation dated January 19, 2024.
Legal Issues and Court’s Decision:
1. Statutory Provisions:
The court noted that while Section 24(1)(f) of the Advocates Act, 1961 stipulates specific amounts for enrolment fees payable to State Bar Councils (Rs. 600) and the Bar Council of India (Rs. 150), there is no such statutory provision prescribing the examination fee for AIBE.
2. Legal Right for Mandamus:
The court emphasized that a writ of mandamus can only be issued if the applicant can demonstrate the existence of a legal right. Justice Mahadevan observed, “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”.
3. Reasonableness of Fee:
While acknowledging that they could interfere if the fee was found to be exorbitant, the bench concluded that the current AIBE application fee of Rs. 3,500 is not unreasonably high. The court stated, “Even in the absence of any statutory violation, if we find the quantum of fee to be exorbitant, we would be justified in interfering with the same. But such is not the case”.
4. Related Pending Case:
The court made reference to a similar case pending before the Supreme Court (Gaurav Kumar v. Union of India, 2023 SCC OnLine SC 391) concerning excessive enrolment fees charged by State Bar Councils. However, it distinguished that case from the present matter, which specifically deals with the AIBE examination fee.
Court’s Conclusion:
The division bench dismissed the writ petition, finding no grounds for interference with the current AIBE application fee. Justice Swaminathan concurred with the Acting Chief Justice’s opinion, and the court imposed no costs on the petitioner.
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Case Details:
– Writ Petition (MD) No. 12913 of 2024
– Petitioner: Gokul Abimanyu
– Respondents: Union of India and Bar Council of India
– Petitioner’s Counsel: Mr. M. Pozhilan
– Respondents’ Counsel: Mr. K. Govindarajan, Deputy Solicitor General of India
