In a significant judgment, the Kerala High Court has held that Bar Councils cannot charge fees for verifying educational certificates during enrollment, aligning with a Supreme Court directive. The decision was delivered in Alan Benny v. Bar Council of Kerala and Another (WA No. 2153 of 2024), addressing a crucial issue faced by law graduates aspiring to practice.
Background of the Case
The case revolved around Alan Benny, a 26-year-old law graduate from Thodupuzha, Idukki, who challenged an interim order requiring him to pay fees for verifying his educational certificates as part of the Bar Council of Kerala’s enrollment process. Benny’s legal team, led by Advocate Aslam K.K., contended that this fee was contrary to the Supreme Court’s directive in WP(C) No. 82 of 2023, which mandated that certificate verification by universities and examination boards should be conducted free of cost.
The respondents, the Bar Council of Kerala and the Bar Council of India, were represented by Senior Advocate K. Jaju Babu and Advocate M.U. Vijayalakshmi, respectively. The Bar Councils justified the fee based on a 2017 directive by the Bar Council of India, which allowed State Bar Councils to charge ₹2,500 for certificate verification.
Key Legal Issues
The primary legal question was whether the Bar Council could impose fees for certificate verification, given the Supreme Court’s directive. The court had previously ruled that universities and boards must verify educational documents without charge and that Bar Councils should not impose fees exceeding statutory limits under Section 24(1)(f) of the Advocates Act, 1961.
Court’s Observations and Decision
The High Court, comprising Justice Ziyad Rahman A.A. and Justice P.V. Balakrishnan, observed that the Supreme Court’s directive placed an obligation on universities and examination boards to conduct free verifications. It further noted that Bar Councils were responsible for submitting verification requisitions but could not charge fees for the process.
In its judgment, the court stated:
“There is a duty cast upon the Bar Council to get the certificates of the applicant verified by the concerned boards and universities without charging any fees.”
The court ruled that the 2017 Bar Council directive allowing the collection of fees for verification was inconsistent with the Supreme Court’s ruling and could not be implemented. It also clarified that applicants should be allowed to enroll even if certificate verification is incomplete, provided they meet other eligibility criteria. However, if any discrepancies are later found in the certificates, the Bar Council retains the authority to cancel enrollment.
