Kerala High Court Directs Bar Council Of Kerala To Collect Only Rs 750 As Enrollment Fee Until Uniform Fee Structure Is Fixed By BCI
The Kerala High Court on Monday directed the Bar Council of Kerala to collect only Rs.750/- as enrolment fee from law graduates wishing to enroll, while the Bar Council of India considers a uniform fee structure as directed by the Supreme Court.The order was passed by a division bench of Chief Justice S V N Bhatti and Justice Basant Balaji in an appeal filed by the Bar Council of Kerala...
The Kerala High Court on Monday directed the Bar Council of Kerala to collect only Rs.750/- as enrolment fee from law graduates wishing to enroll, while the Bar Council of India considers a uniform fee structure as directed by the Supreme Court.
The order was passed by a division bench of Chief Justice S V N Bhatti and Justice Basant Balaji in an appeal filed by the Bar Council of Kerala against the order of single judge restricting the enrollment fee to Rs. 750/-.
The BCK had previously informed the Court that the matter of revision of enrolment fee was being considered by it and that the Bar Council of India had convened a meeting of all state bar councils, on the direction of the Supreme Court, for fixing a uniform fee for enrollment across India. The Court had adjourned the matter accordingly, on the submission of the BCK that meanwhile the petitioners in the matter would be allowed to enrol for a fee of Rs. 750/- subject to the final decision.
The Court passed the recent order stating that similarly situated graduates should also get the same benefit as the petitioners, i.e, Rs. 750/- as fee for enrolment, to avoid more aspirants approaching the Court with the same grievance:
“To a pointed query from the Court, learned senior counsel appearing for the Bar Council of Kerala has stated that so far as the petitioners are concerned by accepting Rs.750/- enrolment fee, the enrolment of respective petitioners has been completed. In the fitness of things in the exercise of our jurisdiction, by according to the petitioners herein, the representative status to agitate the grievance for and on behalf of similarly situated graduates, who would be interested in getting enrolled on the rolls of the Bar Council of Kerala, we extend the same benefit to such of the aspirants as well. Such a course would avoid a series of individual cases by the aspirants.”
The Court was considering an appeal filed by the BCK challenging the order of the single judge restricting the enrollment fee to Rs. 750/- contending that said interim order had far reaching and debilitating effects, on the functioning of the BCK as a regulatory body and in particular on the functioning of the BCK in enrolling eligible persons as advocates on its rolls. On Monday, the BCK requested the matter to be adjourned as the matter of a uniform fee structure is currently being considered by the BCI:
“Our attention is drawn to the order dated 16.03.2023 in the subsequent matter and stated that under the aegis of Bar Council of India, steps have been initiated to ensure a uniform fee structure at the time of enrolment of BL Graduates as advocates under the Advocates Act. Upon such a decision being taken by the Apex Body, the decision is placed before the Hon’ble Supreme Court. It is suggested that instant appeals can be considered by this court at a later point of time.” The Court stated in its order.
A single bench of Justice Shaji P Chaly had previously passed an interim order in view of the decision of the High Court in Koshy T. v. Bar Council of Kerala, Ernakulam and Another (2017 KHC 553) which had held that without being conferred any specific power under the statue, the Bar Council is not entitled to collect fee other than a fee of Rs.750/- prescribed under law. In light of the interim order, the Petitioners in the said case were allowed to enrol with a fee of Rs. 750/-.
The petitioners had challenged the exorbitant fee of Rs. 15,900/- being levied by the Kerala Bar Council on the ground that an enrolment fees of Rs. 750/- has been imposed under Section 24(1)(f) of the Advocates’ Act. Any rule passed by Bar Council of Kerala, giving itself the authority to levy a higher charge is beyond the scope of its powers, the petitioners had argued.
“when this specific question was considered by this Court in Koshy T. (supra), which has become conclusive and final, it may not be appropriate on my part to direct the petitioners to pay the entire amount claimed by the Bar Council and receive applications for enrollment", the single bench had stated in its interim order.
The Bar Council in its appeal against the interim order stated that the judgment of the High Court in Koshy T. v. Bar Council of Kerala based on which the single bench had passed the order was meant to be applied in a different context. The BCK argued that the said decision only curtails the powers of the Bar Council in imposing a `"Special Fee" for candidates enrolling as advocates after retirement from service on attaining superannuation. This decision does not in anyway restrict the power of the BCK in imposing conditions for enrolment under Section 28 (2) (d) of the Advocates Act, 1961, it averred.
Senior Adv Sreekumar G, Pranoy K Kottaram and Sivaraman P L appeared for the Bar Council.
Adv. Santhosh Mathew, Maitreyi Hegde, Praveen K Joy, Amal Amir Ali, Nirmal V Nair, and Uttara P V appeared for the Petitioners.
Case Title: Bar Council of Kerala V. Akshai M Sivan