Goal: To question the legal basis on which Bar Council of AP is charging fees for any gaps in academics of a LL.B Graduate during Advocate enrollment process, apart from taking an affidavit to that effect.
During my enrollment process, Bar Council of Andhra Pradesh (BC-AP) had asked me to pay Rs.7000/- towards 10+ years of gap between my last graduation and LL.B degree. Since I did not believe then that BC-AP (no State Bar Council, for that matter!) never had any statutory power to levy and collect such fees, I paid the said fees duly through SBI Bank challan. My enrollment finished successfully with BC-AP on 17 March 2022 and I became an advocate enrolled with BC-AP (AP/646/2022)… Yippeee!!!
But later, I noticed from other friends who enrolled with Other State Bar Councils, that they were NOT charged any fees for gaps in their academics. This led me to dig deeper and to my astonishment, yes, indeed, no State Bar Council has any statutory power to levy any fees other than that is prescribed in Advocates Act 1961. This decision from Kerala High Court nailed it here (WP before single bench) and here (appeal to Division Bench). The icing on the cake is Hon’ble Supreme Court dismissed the SLPs with a 1-liner here. Armed with this information, I decided to challenge BC-AP on this aspect and recover my fees from them.
Steps Taken:
1. Filed a 1-page Representation to BC-AP
2. Filed a 1-page RTI application to BC-AP
I received a missed call from Bar Council landline on 23-May-2022, but none spoke when I called back. Hmmmm!
3. Received this reply from BC-AP. Interesting Answers!
Interestingly, BCI has earlier in March replied to my RTI application stating that, they do NOT have any knowledge if any State Bar Council is charging fees for gaps in academics. The following is the proof. So BC-AP doing naughty things without knowledge of (AND necessary ratification/approval from) BCI. Spooky…!
4. Filed another RTI seeking more information about the resolution that BC-AP passed basis which they are levying unauthorized fees for gaps in academics.
5. Got a reply on 27-Jun-2022.
6. WP against BC-AP and make BCI as respondent no.2. Petition ready. To be filed on 23rd August, 2022. A
Here is the copy of petition filed.
7. The WP is listed before Initial hearing before Hon’ble Single Bench to issue notices to Respondents. But the Judge was on leave so obtained a new date from Justice Ninnala Jayasurya.
8. As per the interim Order passed, the WP was supposed to be listed on 21-Sep-2022, but it was not listed. What do I do now?
9. Today noticed that a senior advocate has filed vakalath in the case. Nice…
10.Sent an email to BCI (at [email protected]) hoping for some positive help…
… and waiting for listing of the case… Not going to mention the matter. Let’s see…
11. The email kind of worked! Actually I had reached out to the Standing Counsel for BCI at AP High Court also with same request to transfer my WP also to Supreme Court just like others here. But I was made aware about this case by my dear friend Dr. Parasar Sarvepalli (https://498anlr.wordpress.com) in March 2024!!!
… Phewwwwwwwwww… In total there are 10 more cases tagged with mine… Hehe… Mine got tagged to them…
Since I was not aware about this case until March 2024, I could not participate in the case proceedings virtually. Considering that my original WP at AP High Court is no longer relevant, I stopped pursuing it before APHC. I less headache.
2023-Oct-17
My petition [hehe actually BCI’s transfer petition against my WP at APHC: Transfer Petition (Civil) No.2734/2023)] was listed and heard.
Notice was issued, but I received no notice, that is because my address in the memo of parties is old address where I do not live anymore. 🙁 So sent another email on 08-Mar-2024 (Mahasivarathri)…
The bundle was last listed on 2024-01-17. Next computer-generated date is on 18-03-2024 before 3-Judge FULL bench (Court-1 of CJI)
Do not know what happened on 18-03-2024 but the case (and the bundle) is adjourned to 08-04-2024.
Seems my case was not reached on 08-04-2024. The case is adjourned to 22-04-2024.
22-04-2024:
Arguments heard and concluded. Judgment reserved.
30-07-2024:
Judgment pronounced. I won. But not all prayers are granted.
18-12-2024:
Filed the below Written Arguments, only to get this WP closed. I have no hope that HC Registry will close it proactively.
Index of my life goals here.
Srinivas says:
Please send me all this rti application and court judgement copies on bar council gap fees collection process
And also is a person from outside of ap also be do enroll in apBC??
Doubt pls reply
ShadesOfKnife says:
All the documents that I prepared/filed/sent are on this page, you can take them.
Yes, contact Bar Council of AP for procedure.