1995 evening LLB grad moves Kerala HC challenging denial of enrolment, high enrolment fee

A retired government employee who secured an LLB degree in 1995 through evening course mode has moved the Kerala High Court, challenging the Kerala Bar Council's (BCK) refusal to allow his enrolment as an advocate citing 2008 rules which do not recognise evening law courses [PS Vijayakumaran v Union of India & ors].

The petitioner, one PS Vijayakumaran, has also challenged the levy of ₹60,400 as the enrollment fee that he would be required to pay, pointing out that it is far higher than the ₹750 fixed for enrollment under Section 24 of the Advocates Act, 1961.

Justice P Krishna Kumar on Monday sought the BCK's response in the matter and adjourned the case for further hearing on September 3.

In his plea, Vijayakumaran submitted that he had completed his LLB from Government Law College Calicut in 1995 through an evening course mode.

He stated that his application for enrolling as an advocate with the State Bar Council was blocked on the council's online website on the ground that evening courses were not recognised under the Rules of Legal Education, 2008.

The petitioner has contended that he had obtained the degree long before the 2008 rules came into force. He referred to the Kerala High Court's judgment in Suresh CP vs Bar Council Of Kerala to argue that a candidate who completed an evening LLB course prior to the introduction of the 2008 rules, was entitled to be enrolled as an advocate.

Vijayakumaran has, therefore, asserted that denying him enrollment is arbitrary and violative of Articles 14, 19, and 21 of the Constitution of India

He also challenged the fee structure put in place by the Bar Council of India and the Bar Council of Kerala, which requires him to pay ₹60,400 as enrollment fee, which includes ₹25,000 as a special fee for retired employees and ₹15,000 for applying more than 10 years after graduation.

Referring to recent decisions, including the decision of the Supreme Court in Gaurav Kumar v Union of India and KLJA Kiran Babu v Karnataka State Bar Council Contempt Petition, as well as the Kerala High Court's judgment in Bar Council of Kerala v T Koshy, the petitioner contended that levying any fee beyond ₹750 was illegal and unconstitutional as Section 24(1)(f) of the Advocates Act prescribes only ₹750 as the statutory enrollment fee.

Additionally, the petitioner highlighted his financial condition and said that he could not afford to pay such an exorbitant amount as enrolment fees, pointing to his wife's ongoing treatment for cancer, which required medicines worth over ₹85,000 a month.

He stated that the denial of enrollment not only violates his right to practice a profession under Article 19(1)(g) but also affects his family's livelihood.

"Levy of the exorbitant sum Rs. 60,400/- for enrolment, in an act of illegal, unconstitutional gatekeeping by the respondents (BCI and BCK) amounts to violation of the petitioner’s fundamental rights under Articles 14, 19 and 21 of the Constitution," the petition stated.

The petition was filed through advocates PV Uttara and Samah Abdul Majid.