Increase in enrolment fees to Bar Council of Maharashtra & Goa challenged before Bombay High Court

The Bombay High Court recently issued notice in a plea challenging the notifications issued by the Bar Council of Maharashtra & Goa (BCMG) enhancing enrolment charges in the name of enrolment fees to ₹15,000 effective from January 2020 (Amey Shejwal v. Bar Council of Maharashtra and Goa & Anr.).The petition assailed the resolutions of BCMG dated November 3, 2019, December 7, 2019 and December 29, 2019 which provided for enhancement of enrolment fees.By the resolution of November, the enrolment fees was enhanced to ₹15000 and by resolution of December 7, the headwise enhancement of enrolment amount was finalised. By way of the resolution of December 29, the prior resolutions were approved to be effective from January 1, 2020..The petition filed through advocate Shyam Singh stated the notifications were in violation of the Constitution of India and liable to be struck down. Advocate A Jadhav for Shejwal submitted before a Bench of Justices KK Tated and PK Chavan that "BCMG is resorting to clever word play to perpetuate the levy and collection of the illegal charges under the guise of enrolment charges"..After briefly hearing Jadhav, the Court issued notice to BCMG and BCI..The petitioner, Amey Shejwal, enquired through RTI seeking relevant information or notification pertaining to the enhancement of enrolment fees. He not only received the notification which had enhanced fees, but also discovered that there was need for approval from the Bar Council of India (BCI). .Up until December 2019, the enrolment fees were ₹7,450 and despite opposition from four bar council members, the resolution effectuated a 100% increase in enrolment fees, the petition stated. .Shejwal submitted that as per Section 24(1)(f) of the Advocates Act, in order to be admitted as an advocate, a person has to pay ₹600 to the State Bar Council and ₹150 to BCI.However, charging an amount of ₹15,000 as "enrolment charges/ amount" and which includes ₹600 as "enrolment fees" and ₹500 towards "enrolment form" was ultravires the Act. .The petition further stated that the enrolment charges included contribution towards library fees and amalgamated funds constituted by the BCMG. BMCG could receive grants, donation, gifts, etc, however the Act did not provide for a compulsory collection of contribution at the time of enrolment..BCMG added another component of "training fees" of ₹3,200 even though there was no provision authorizing the State Bar Council to collect money. If such rules are to be made, then it requires approval from the BCI which was admittedly not obtained in the present case. .[Read order]