No Legal Right, Can't Say Fee Is Exorbitant: Madras High Court Dismisses Plea To Reduce Application Fee For AIBE

The bench of Acting Chief Justice R Mahadevan and Justice GR Swaminathan observed that unlike the enrolment fee prescribed under the Advocates Act, there was no statutory provision relating to the examination fee for the All India Bar Examination. In such a situation, the court noted that there was no legal right, for which a mandamus could be issued.

“Unlike in the case of enrolment fee, there is no statutory provision which prescribes any particular sum towards examination fee. A Writ of Mandamus can be issued only if the applicant can show the existence of a legal right. In this case, no such legal right has been shown,” the court said.

The court further noted that even in cases where there was no legal right, the court could interfere if it opined that the quantum of fee was exorbitant. In the present case however, the court noted that the application fee was Rs. 3,500/- which could not be called exorbitant.

“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. We do not find any ground to interfere,” the court added.

The court was hearing a plea filed by an Advocate, Gokul Abhimanyu. He contended that the application fee had to be reduced. The court, however, was not inclined to grant relief.

The court noted that Section 24(1)(f) of the Advocates Act stipulated that the enrolment fee payable to the State Bar Council was Rs 600/- and that payable to the Bar Council of India was Rs. 150/-. However, noting that all State Bar Councils were charging in excess of this amount, a petition had been filed in the Supreme Court, which had also issued notice to the Bar Council of India and the State Bar Councils.

However, in the present case, the court noted that the issue was not related to the enrolment fee but to the application fee payable for the AIBE.

In 2017, the Bar Council of India had hiked the application fee for AIBE to Rs 3500. For persons belonging to the Scheduled caste and Scheduled Tribe category, the application fee is Rs. 2500.

Counsel for the Petitioner: Mr.M.Pozhilan

Counsel for the Respondent: Mr.K.Govindarajan, Deputy Solicitor General of India

Citation: 2024 LiveLaw (Mad) 259

Case Title: Gokul Abhimanyu v Union of India and Another

Case No: W.P.(MD)No.12913 of 2024