A petition has been filed in the Telangana High Court challenging the fee charged by the Bar Council of India for registering for the All India Bar Examination.
For the AIBE-XIX, a general category candidate has to pay Rs.3500 +GST (12.60 INR) + Convenience fee (70 INR).
The petitioner, Advocate Vijay Gopal, relied on the recent Supreme Court judgment in Gaurav Kumar v. Union of India which held that the Bar Councils cannot charge beyond Rs 750 as the enrolment fee for general category candidates.
Since AIBE is a condition for practice, the fee levied by the BCI for it has to be within the limits of the Gaurav Kumar judgment, argued the petitioner. When the Supreme Court has struck down the exorbitant enrolment fee as violative of the fundamental rights of future advocates, then an exorbitant fee cannot be charged for AIBE as well. It is contended that the excessive fee for AIBE causes an immense financial burden to candidates who are beginners in the profession.
It is further argued that the BCI, being a delegated authority, cannot outsource its functions or activities (in this case allowing a thirty-party agency to conduct the exam) as the Advocates Act does not allow such sub-delegation.
The petitioner has also sought to know what share of Rs.3500 goes to the exam conducting party, how much is retained by the BCI, a copy of the said MoU, who decided the fees, and the procedure in determining it, etc. in the petition.
Justice B.Vijaysen Reddy, who considered the petition for admission, while seeking the response of the BCI, ordered that the fee paid by the petitioner will be subject to the outcome of the case.
Case : Vijay Gopal v. Bar Council of India and others | WP 31722/2024