Thiruvananthapuram, Feb 15 (BPNS)
The move by the Bar Council of Kerala to charge more than the fee prescribed under law for enrollment has once again been halted by the Kerala High Court. Considering a group of petitions, Justice Shaji P Chaly in his order stated that there will be a direction to the Bar Council to receive applications from the petitioners with a fee of Rs.750/.
The court also reminded that the said question was earlier considered by Justice Alexander Thomas in Koshy T vs Bar Council of Kerala, Ernakulam on March 30, 2015.
It was then held that without any power conferred under the statute, the Bar Council is not entitled to collect such fee other than a fee of Rs.750/- prescribed under law.
“In that view of the matter, I think it is only appropriate that the Bar Council is directed to receive applications for enrollment without insisting on any additional fee other than Rs. 750/- prescribed under the law,” said Justice Shaji in his order.
At the same time, the counsel for the State Bar Council took the stance that Rs.750/- is a meager amount and various other expenditures would have to be incurred by the Bar Council to permit the candidate to enroll as an advocate.
To this, the court said that the order in 2015 has become conclusive and final and “It may not be appropriate to direct the petitioners to pay the entire amount claimed by the Bar Council and receive applications for enrollment.”
In 2015, the court in an order stated that the impugned imposition of the special fee is ultra vires and unauthorized. It also ordered that the enrolment secured by the petitioners cannot be disturbed merely on the ground that they have not paid the impugned special fee.
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