Bar Councils Cannot Charge For Certificate Verification: Kerala High Court

Kerala HC Rules Against Bar Councils Charging Certificate Verification Fees

 

In a landmark decision, the Kerala High Court has held that Bar Councils cannot charge fees for verifying educational certificates during the enrollment process, aligning with a Supreme Court directive. The judgment, delivered in Alan Benny v. Bar Council of Kerala & Another (WA No. 2153 of 2024), brings relief to law graduates aspiring to practice.

 

Case Background

 

The case was initiated by Alan Benny, a 26-year-old law graduate from Idukki, who challenged the Bar Council of Kerala's requirement to pay fees for certificate verification as part of the enrollment process. Benny's legal team, led by Advocate Aslam K.K., argued that this practice violated the Supreme Court’s ruling in WP(C) No. 82 of 2023, which mandates free certificate verification by universities and boards.

 

The Bar Councils, represented by Senior Advocate K. Jaju Babu and Advocate M.H. Vijayalakshmi, defended the fee based on a 2017 Bar Council of India directive that allowed State Bar Councils to charge ?2,500 for this service.

 

Key Legal Issue

 

The main question before the court was whether Bar Councils could impose fees for certificate verification, given the Supreme Court’s directive for free verifications by educational institutions.

 

Court’s Observations and Verdict

 

A bench comprising Justice Ziyad Rahman A.A. and Justice P.V. Balakrishnan ruled that the Bar Councils cannot charge fees for verification, emphasizing that it is the duty of universities and boards to verify certificates without cost.

 

The court stated:

"There is a duty cast upon the Bar Council to get the certificates of the applicant verified by the concerned boards and universities without charging any fees."

 

The bench declared the 2017 directive inconsistent with the Supreme Court’s order and clarified that applicants should not be denied enrollment due to pending verifications. However, the Bar Council retains the right to cancel enrollments if discrepancies in certificates emerge later.

 

Impact of the Judgment

 

This decision upholds the rights of aspiring advocates and ensures a more equitable enrollment process, reaffirming the principle that professional bodies should not impose undue financial burdens on applicants.