₹3500 Not Exorbitant: Madras HC Dismisses Plea Seeking Reduction Of AIBE Application Fee
|The Madras High Court dismissed Writ Petition seeking reduction of All India Bar Examination (AIBE) application fee while observing that no statutory violation or legal right is shown and ₹3500 as the application fee is not exorbitant.
The Court was hearing a Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, seeking directions to the Bar Council of India to reduce the application fee for the All India Bar Examination(AIBE) conducted by it.
The bench of Acting Chief Justice R. Mahadevan and Justice G.R. Swaminathan observed, “In this case, no such legal right has been shown. Even in the absence of any statutory violation, if we find the quantum of fee to be exorbitant, we would be justified in interfering with the same. But such is not the case. What is demanded from the applicants is only a sum of Rs.3,500/-. It cannot be said to be high.”
Advocate M.Pozhilan appeared for the Appellant and Deputy Solicitor General of India K. Govindarajan appeared for the Respondent.
In the present case, a Writ Petition has been filed in the public interest. The petitioner Gokul Abimanyu is a practising Advocate who contended that the quantum of the application fee prescribed for the All India Bar Examination by the respondent Bar Council Of India has to be reduced.
The Court noted that Section 24(1)(f) of the Advocates Act, 1961 stipulates that the enrolment fee payable to the State Bar Council is Rs.600/- and what is payable to the Bar Council of India is Rs.150/-.
While noting that what is presently charged by the State Bar Councils across the country is in excess of the prescribed sum, the Court mentioned the case of Gaurav Kumar V. Union of India (2023 SCC OnLine SC 391) in this regard where the Supreme Court orally observed that a significant issue has been raised and issued notice to the Union of India, Bar Council of India and State Bar Councils.
Accordingly, the Court noted that unlike in the case of the enrolment fee, there is no statutory provision that prescribes any particular sum towards the examination fee.
Consequently, the Court did not find any ground to interfere and dismissed the Writ Petition.
Cause Title: Gokul Abimanyu v. Union of India