Facts and Procedural History
A Writ Petition No.3068 of 2023 was filed by 10 petitioners challenging the validity of fee charged by the Bar Council of Kerala which is Rs. 15,900/-) and Bar Council of India (which is Rs.3560 for general) for registration of All Kerala Bar Exam and All India Bar Exam, at the High Court of Kerala at Ernakulam. The petitioners prayed to direct the two respondents to accept the application for enrolment of the petitioners along with an enrolment fee of Rs. 750/- only, to process the application, and to permit the petitioners to be enrolled at the upcoming enrolment to be conducted by the first respondent, pending the disposal of this writ petition.
Issue
Whether the fee charged by the Bar Council of India and Kerala other than Rs. 750/- valid?
Observation of the Court
The contention of the respondent counsel that Rs.750/- is a meagre amount and various other expenditures would have to be incurred by the Bar Council in order to permit the candidate to enroll as an advocate was dismissed and the honourable High Court of Kerala considered the said question and upheld the decision of the learned Single Judge of the same Court in Koshy T.V. Bar Council of Kerala and Another (2017 KHC 553) as conclusive and final, and held that if there is no power conferred under the statute , the Bar Council is not entitled to collect such fee other than the fee of Rs. 750 prescribed under the law, that is Section 24(1)(f) of the Advocates’ Act, 1961.
Decision of the Court
The Single Bench of the Honourable High Court of Kerala with Justice Shaji P. Chaly, by an order dated 15th February 2023, said that it may not be appropriate to direct the petitioners to pay the entire amount claimed by the Bar Council and receive applications for enrolment. Thus the Honourable Court also directed the respondent Bar Council to receive applications from the petitioners with a fee of Rs. 750/- which will be subject to the result of this writ petition.
