Noting that there is no statutory provision to regulate the application fee for the All India Bar Examination (AIBE) conducted by the Bar Council of India (BCI), the Madras High Court recently dismissed a petition seeking reduction of the fee..In an order passed on June 18, a Bench of Acting Chief Justice R Mahadevan and Justice GR Swaminathan of the Madurai bench dismissed a public interest litigation (PIL) filed by Advocate Gokul Abhimanyu seeking directions to the BCI to reduce the AIBE application fee.Applicants appearing for the AIBE are currently required to pay ₹3,500 as the application fee..The Bench noted that unlike the enrolment fee prescribed under the Advocates Act, there was no statutory provision imposing a cap on the AIBE examination fee.“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 High Court said..The Court also said that the amount of ₹3,500 was not exorbitant and, therefore, it was not inclined to interfere.“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.".Advocate M Pozhilan appeared for the petitioner Gokul Abhimanyu.Deputy Solicitor General of India K Govindarajan appeared for the respondent Union government and the BCI..[Read Order]
Noting that there is no statutory provision to regulate the application fee for the All India Bar Examination (AIBE) conducted by the Bar Council of India (BCI), the Madras High Court recently dismissed a petition seeking reduction of the fee..In an order passed on June 18, a Bench of Acting Chief Justice R Mahadevan and Justice GR Swaminathan of the Madurai bench dismissed a public interest litigation (PIL) filed by Advocate Gokul Abhimanyu seeking directions to the BCI to reduce the AIBE application fee.Applicants appearing for the AIBE are currently required to pay ₹3,500 as the application fee..The Bench noted that unlike the enrolment fee prescribed under the Advocates Act, there was no statutory provision imposing a cap on the AIBE examination fee.“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 High Court said..The Court also said that the amount of ₹3,500 was not exorbitant and, therefore, it was not inclined to interfere.“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.".Advocate M Pozhilan appeared for the petitioner Gokul Abhimanyu.Deputy Solicitor General of India K Govindarajan appeared for the respondent Union government and the BCI..[Read Order]