The Madras High Court’s Madurai Bench recently rejected a Public Interest Litigation (PIL) filed for a reduction in the All India Bar Examination (AIBE) application fee.
The bench of Acting Chief Justice R Mahadevan and Justice GR Swaminathan observed that, unlike the enrolment fee, there is no statutory provision specifying a fixed amount for the examination fee and a Writ of Mandamus requires demonstrating a legal right.
Furthermore, the court said that despite no statutory violation, it could intervene if the fee was excessively high. However, with the examination fee set at Rs 3,500, the HC concluded that it was reasonable and found no grounds for interference.
The plea was filed by Gokul Abimanyu, a practicing lawyer at the Madurai bench. He argued 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. What is presently charged by the State Bar Councils across the country is in excess of the prescribed sum, he contended.
He further submitted that a writ petition has been filed in this regard before the Supreme Court.
However, the division bench pointed out that the issue before it pertained to the examination fee for the All India Bar Examination rather than the enrolment fee for the Bar.
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