Bar Council cannot charge certificate verification fees for enrollment: Kerala High Court

The Kerala High Court recently held that the State Bar Council is not entitled to charge applicants a fee for verifying their educational certificates during the enrollment process [Alan Benny v Bar Council of Kerala & anr]..A Bench of Justice Ziyad Rahman AA and Justice PV Balakrishnan observed that universities and examination boards have already been directed by the Supreme Court to verify certificates of candidates enrolling into the bar free of charge."Thus, in the light of the observations made by the Hon’ble Supreme Court also, we do not find any entitlement on the part of the 1st respondent (Bar Council of Kerala) to collect the fees for verification," the Court held.It said that there there is a duty cast upon the Bar Council to get the certificates verified by the concerned Boards and Universities, without charging any additional fees except the enrollment fees."In the light of order passed by the Hon’ble Supreme Court, there is an obligation on the part of the Universities and Examination Boards to verify the genuineness of the educational certificate without charging any fee for the purpose of verification. It is also discernible from the observations that the requisitions for verification are to be submitted by the Bar Council only," the Bench added.Hence, the Bench ruled that the stipulation made by the Bar Council of India (BCI) directing the State Bar Councils to collect ₹2,500 as fees for certificate verification cannot be implemented..The Division Bench was hearing a petition filed by one Alan Benny challenging the fee requirement imposed by the Bar Council of Kerala and the Bar Council of India for verification of his education certificates for enrolling as a lawyer.Earlier, a single-judge of the High Court had permitted Benny's enrollment, subject to production of a receipt for fees paid for verifying his SSLC, Plus Two, Degree and LLB certificates.Benny argued that requiring payment of fee for certificate verification violated the Supreme Court's judgement in Ajay Shankar Srivastava v Bar Council of India & anr, which prohibited Bar Council from charging fees for such verification.The Bar Council of Kerala defended the fee requirement citing a 2017 notice from the BCI and stated that this fee was necessary to ensure the authenticity of certificates submitted by applicantsThis notice from BCI had directed all State Bar Councils to collect the said amount for certificate verification as part of the enrollment process..The Court noted that the Supreme Court in the Ajay Shankar Srivastava case had clearly instructed Bar Councils to take responsibility for verifying candidate's certificates through the respective universities and examination boards.The Court also referred to Section 24(1)(f) of the Advocates Act of 1961 which restricts Bar Councils from charging fees beyond legally stipulated enrollment charges. "The above position is clear from the observations made by the Hon’ble Supreme Court in Ext.P3 judgment in the Writ Petition, wherein, after specifically referring to Annexure R1(a) and the charges stipulated therein for verification of the documents, 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, as it currently stands," the Court said.Hence, charging additional fees for certificate verification violated this statutory provision, the Bench made it clear.Responding to the Bar Council of Kerala's submission, the Court explained that the BCI's 2017 notice, which allowed State Bar Councils to charge ₹2,500 for certificate verification, went against the instruction of the Supreme Court."Therefore, 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. Therefore, Annexure R1(a), to the extent stipulates the collection of fees of ₹2,500 for verification, cannot be implemented," the Court concluded.Thus, the Court ruled that the Bar Council could not charge fee for verifying the certificates of candidates enrolling in the bar..On Benny’s immediate enrollment concerns, the Court directed the Bar Council of Kerala to process his application and send his certificates for verification without imposing any fee.It further allowed Benny's enrollment on January 5 even if the verification remains incomplete subject to the condition that his enrollment could be cancelled if the certificates are later found invalid..Benny was represented by advocates Aslam KK, Akshai M Sivan, Astel Joseph, Avanthika R, Muhammed Abdul Basith EA and Roy Antony.The Bar Council of Kerala was represented by advocate MU Vijayalakshmi.Senior Advocate K Jaju Babu appeared for the Bar Council of India..[Read Judgment]