Goal: To question the legal basis for Bar Council of AP to charge 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!
2022-06-02 Reply to RTI applicationInterestingly, 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…!
2022-03-05 BCIND R E 22 00126-No Knowledge as to State BC taking fee for Gap during enrollment4. 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. Yet to get a reply. Hoping that by July 2nd week, I will receive reply.
6. WP against BC-AP and make BCI as respondent no.2
Petition ready. Awaiting last response from BC-AP.
Index of my life goals here.
