Kerala High Court: In a writ appeal challenging the interim order passed by this Court in the writ petition by which the petitioner, who seeks enrollment with the Bar Council of India and Bar Council of Kerala was permitted to be enrolled in the next enrollment to be conducted by the Bar Council of Kerala, subject to the condition that the petitioner produces a receipt for the fees paid by him to get his Secondary School Leaving Certificate, Plus Two, Degree and LLB Certificates verified by the Authorities and University, the division bench of Ziyad Rahman A.A*. and P. V. Balakrishnan, JJ. held that the State Bar Council is not entitled to charge applicants a fee for verifying their educational certificates during the enrollment process
The challenge raised by the petitioner against the interim order is confined to the condition imposed to produce the receipt for the fees paid by him for verification of the certificates referred to above.
The Court after perusing the impugned order, highlighted that the Supreme Court issued a specific direction to the effect that all Universities and Examination Boards should verify the genuineness of the educational certificates without charging any fee for the purpose of verification. It is also directed that the requisitions made by the Bar Council should be carried out without undue delay and the reports of verification should be submitted expeditiously.
The Court also took note of the notice wherein it was mentioned that the State Bar Council shall charge a sum of Rs.2,500/- for the verification of the said certificates from the candidate at the time of submission of the enrollment forms.
The Court emphasised that there is a duty cast upon the Bar Council to get the certificates of the applicant verified by the Boards and Universities concerned, without charging any fees. Therefore, the notice to the extent stipulates the collection of fees of Rs.2,500/- for verification, cannot be implemented.
Referring to Gaurav Kumar v. Union of India, , wherein it was directed that the State Bar Council cannot charge “enrollment fees” beyond the express legal stipulation under Section of the , as it currently stands, the Court do not find any entitlement on the part of the Bar Council of Kerala to collect the fees for verification.
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The Court directed that the application submitted by the petitioner for enrollment be processed by the Bar Council of Kerala, and the petitioner’s certificates be sent for verification immediately. However, the petitioner was permitted to be enrolled even if the verification of the certificates was not completed before the enrollment date. This enrollment was subject to the condition that, if the certificates were found to be not genuine or otherwise improper, the Bar Council of Kerala would have the authority to take appropriate action, including the cancellation of the enrollment. The Court emphasized the need for due diligence in verifying the authenticity of the petitioner’s educational qualifications while ensuring the enrollment process proceeds without unnecessary delays.
[Alan Benny v. Bar Council of Kerala, Writ Appeal No. 2153 of 2024, decided on 31-12-2024]
*Order Authored by: Ziyad Rahman A.A.
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