A Public Interest Litigation (PIL) has been filed in the High Court of Kerala against the practice of levying exorbitant and illegal enrolment fees on law graduates..The petitioners, who are students of NUALS Kochi, have pointed out that the Bar Council of Kerala (BCK) has imposed an amount of Rs. 10,650 as enrollment fee from law students. Further amounts of Rs. 5,000 and Rs. 10,000 are levied as “delay condonation fees” if the fee is not paid within 5 or 10 years respectively. Additionally Rs. 2,000 is charged in case of transfer of enrollment from other states to Kerala under the current enrolment regime..It is also stated that as per Section 24(1)(f) of the Advocates Act, 1961, only an amount of Rs. 750 can be imposed as “enrolment fees” for law students..Levying enrolment fees in excess of Rs 750/- is ultra vires the provisions of the Advocates Act, 1961 and beyond the rule making powers of the BCK, the petition states. In order to establish the same, the petitioners relied on the decision of Koshy T v. Bar Council of Kerala, in which it was held,.“….the powers conferred under Section 24 (1) (e) and Section 28 (2) (d) only permit the laying down of eligibility conditions and those conditions do not permit the first respondent to prescribe any fee for enrolment, either in the form of enrolment fee or special fee.”.Notably, the petitioners also point out the “5 different categories of payments” that a law graduate who seeks enrolment needs to make. This includes Rs. 3,000 towards the Bar Council of India Welfare Fund. Such an obligation is only applicable to advocates and not prospective advocates, the petitioners aver..“However, Rule 40, Part VI, Chapter II, Section IV A of the Bar Council of India Rules clearly states that the obligation to pay such an amount is on ‘Advocates’ and the same is therefore not on prospective advocates”.The BCI Rules further state that advocates shall be at liberty to make part payments every three years as opposed to a one-time consolidated amount, as per the petitioners..Another contention is that the imposition of “delay condonation fees” is violative of the Advocates Act. Laying emphasis on this aspect, the petition reads,.“It is submitted that the “Delay Condonation Fees” levied by the first respondent is ultra vires the provisions of the Advocates Act, 1961. It is submitted that the “Delay Condonation Fees” charged for permitting enrolment 5 years and 10 years after the date of passing law degree is nothing but enrolment fee in a different name.”.The petitioners further state that there is no legal requirement under any law that a law graduate has to enroll within a certain number of years after obtaining the law degree or even enroll at all, for that matter..Finally, it is contended that levying an amount of Rs. 2,000 in case of transfer of enrolment from other states to Kerala is ultra vires the provisions of the Advocates Act, 1961. The petitioner states that this rule was brought into effect in 2012 and prior to the same, no fee was required to be paid for such transfers..“Section 18 (1) of the Advocates Act, 1961 clearly lays down that once an advocate has made an application in the prescribed form for transfer of name from the rolls of one State Bar Council to another, the 2nd respondent shall direct the concerned State Bar Councils to do the needful without the payment of any fee.”.Based on the above grounds it is prayed that the High Court to put an end to the practice of levying excessive and exorbitant enrolment fees on students..Advocate Santhosh Mathew will be appearing for the petitioners in the matter..A Division Bench of Chief Justice S Manikumar and Justice AM Shaffique has posted the matter for Tuesday, December 3..[Read the petition here]
A Public Interest Litigation (PIL) has been filed in the High Court of Kerala against the practice of levying exorbitant and illegal enrolment fees on law graduates..The petitioners, who are students of NUALS Kochi, have pointed out that the Bar Council of Kerala (BCK) has imposed an amount of Rs. 10,650 as enrollment fee from law students. Further amounts of Rs. 5,000 and Rs. 10,000 are levied as “delay condonation fees” if the fee is not paid within 5 or 10 years respectively. Additionally Rs. 2,000 is charged in case of transfer of enrollment from other states to Kerala under the current enrolment regime..It is also stated that as per Section 24(1)(f) of the Advocates Act, 1961, only an amount of Rs. 750 can be imposed as “enrolment fees” for law students..Levying enrolment fees in excess of Rs 750/- is ultra vires the provisions of the Advocates Act, 1961 and beyond the rule making powers of the BCK, the petition states. In order to establish the same, the petitioners relied on the decision of Koshy T v. Bar Council of Kerala, in which it was held,.“….the powers conferred under Section 24 (1) (e) and Section 28 (2) (d) only permit the laying down of eligibility conditions and those conditions do not permit the first respondent to prescribe any fee for enrolment, either in the form of enrolment fee or special fee.”.Notably, the petitioners also point out the “5 different categories of payments” that a law graduate who seeks enrolment needs to make. This includes Rs. 3,000 towards the Bar Council of India Welfare Fund. Such an obligation is only applicable to advocates and not prospective advocates, the petitioners aver..“However, Rule 40, Part VI, Chapter II, Section IV A of the Bar Council of India Rules clearly states that the obligation to pay such an amount is on ‘Advocates’ and the same is therefore not on prospective advocates”.The BCI Rules further state that advocates shall be at liberty to make part payments every three years as opposed to a one-time consolidated amount, as per the petitioners..Another contention is that the imposition of “delay condonation fees” is violative of the Advocates Act. Laying emphasis on this aspect, the petition reads,.“It is submitted that the “Delay Condonation Fees” levied by the first respondent is ultra vires the provisions of the Advocates Act, 1961. It is submitted that the “Delay Condonation Fees” charged for permitting enrolment 5 years and 10 years after the date of passing law degree is nothing but enrolment fee in a different name.”.The petitioners further state that there is no legal requirement under any law that a law graduate has to enroll within a certain number of years after obtaining the law degree or even enroll at all, for that matter..Finally, it is contended that levying an amount of Rs. 2,000 in case of transfer of enrolment from other states to Kerala is ultra vires the provisions of the Advocates Act, 1961. The petitioner states that this rule was brought into effect in 2012 and prior to the same, no fee was required to be paid for such transfers..“Section 18 (1) of the Advocates Act, 1961 clearly lays down that once an advocate has made an application in the prescribed form for transfer of name from the rolls of one State Bar Council to another, the 2nd respondent shall direct the concerned State Bar Councils to do the needful without the payment of any fee.”.Based on the above grounds it is prayed that the High Court to put an end to the practice of levying excessive and exorbitant enrolment fees on students..Advocate Santhosh Mathew will be appearing for the petitioners in the matter..A Division Bench of Chief Justice S Manikumar and Justice AM Shaffique has posted the matter for Tuesday, December 3..[Read the petition here]
