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Synopsis

The Kerala High Court on Wednesday issued an interim order against the enrolment fee for prospective advocates of Rs 15,900 in the State.

Court ruled that the Bar Council will not be permitted to collect an enrollment fee in excess of the Rs.750 prescribed by law when enrolling prospective advocates.

Justice Shaji P Chaly, while dealing with a petition filed by recent law graduates, said that the Bar Council will be directed to accept applications from petitioners with a fee of Rs.750, subject to the outcome of this writ petition.

“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 Rs. 750/- prescribed under law”, the court ordered.

This petition was filed by ten law graduates of 2019-2022 batch from Government Law College, Ernakulam. They are about to enroll as advocates with the State Bar Council of Kerala in the upcoming enrollment.

The writ petition was filed in response to the Kerala Bar Council's alleged "exorbitant and illegal fees" of Rs 15,900. Some of the petitioners also include candidates belonging to the SC/ST and OBC categories from low income backgrounds for whom such high fees is an immense financial burden.

The respondent contended that Rs 750 is just a small amount and the Bar Council would have to charge various other expenses in order to allow the candidate to enroll as an advocate.

The Court relied upon the case of Koshy T. vs. Bar Council of Kerala, Ernakulam and another (2017 KHC 553) which deals with the same matter and issue. While referring to that case, the court held that without any power granted by the statutes, the Bar Council is not authorized to collect any fee other than the Rs.750 prescribed by law.

This judgment has become conclusive and final and 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 court said.

Accordingly, the Bar Council has been directed to receive the application with a fee of Rs. 750 from the petitioners.

Case Title: Akshai M. Sivan vs. The Bar Council of Kerala and anr.