Kerala High Court grants interim relief to law graduates in plea against ₹15,900 enrolment fees collected by Kerala Bar Council

The Kerala High Court on Wednesday granted interim relief to ten law graduates who moved the Court challenging the enrolment fees of ₹15,900 fixed by the Bar Council of Kerala (BCK) [Akshai M Shivan and Ors. v Bar Council and Anr.]..Justice Shaji P Chaly ordered the Bar Council to accept the applications from the petitioners subject to payment of a fee of ₹750 prescribed under law, and not to collect anything more than that for the time being."I think it is only appropriate that the Bar Council is directed to receive applications for enrollment without insisting for any additional fee other than ₹750 prescribed under law.....There will be a direction to the respondent Bar Council to receive applications from the petitioners with a fee of ₹750, which will be subject to the result of this writ petition," the Court said in its interim order..The petitioners, ten law graduates of the 2019-22 batch of the Government Law College in Ernakulam, moved the Court contending that the enrolment fees set by the BCK is an “insurmountable financial hurdle” for them and many other students.The plea alleged that the BCK was acting beyond the scope of its rule-making power by framing rules to levy an amount higher than ₹750 prescribed by the Advocates Act.“Despite the law clearly stipulating the amount of enrolment fee that can be charged, the 1st respondent (Bar Council of Kerala) is presently levying an amount of ₹15,900 (or ₹15,400 in the case of SC/ST applicants) from law graduates who seek to enter the noble profession of law,” the plea said.The petitioners said that the Kerala High Court had in a 2017 judgment in Koshy T v. Bar Council of Kerala, Ernakulam held that the State Bar Council cannot fix enrolment fees in excess of ₹750 as per the Advocates Act.The Supreme Court had dismissed the appeal filed against the said judgment of the High Court, the petitioners contended.It was further highlighted that the BCK collects ₹3,000 and ₹1,000 towards the chairman’s relief fund and advocate relief fund respectively and the same is a condition precedent for enrolment. This payment is nothing but an enrolment fee, it was contended.Therefore, the petitioners prayed that they be permitted to be enrolled by paying ₹750 as per the provisions of the Advocates Act.They also sought a direction to the BCK and the Bar Council of India to refrain from collecting payments under the chairman’s relief fund and advocate relief fund.The petitioners were represented by advocates Santosh Mathew, Arun Thomas, Karthika Maria, Veena Raveendran, Anil Sebastian Pulickel, Abi Benny Areeckal, Mathew Nevin Thomas, Kurian Antony Mathew, Karthik Rajagopal, Manasa Benny George, and Sanita Sabu Varghese..Earlier in November 2019, a petition was filed by the students of the National University of Advanced Legal Studies (NUALS) against the practice of levying exorbitant and illegal enrolment fees on law graduates by the BCK.A similar plea is also pending before the Bombay High Court against enhancing enrolment charges in the name of enrolment fees to ₹15,000.The Gujarat High Court had, in 2020, dismissed a plea against demand of enrolment fee above ₹750..[Read Order]