Petitioner challenged the fee for the All India Bar Examination. The court distinguished examination fees from enrolment fees, noting no statutory cap. It held Rs.3,500 is not exorbitant and dismissed the petition as there is no legal right to compel reduction.
No costs. Writ petition dismissed; connected miscellaneous petition closed.
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1 W.P.(MD)NO.12913 OF 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.06.2024
CORAM
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.12913 of 2024 AND W.M.P.(MD)No.11479 of 2024
Gokul Abimanyu
... Petitioner
Vs.
Rep. by its Secretary, Ministry of Law & Justice,
Rep. By its Chairman, 21, Rouse Avenue, Institutional Area, New Delhi – 110 002. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to reduce the application fee for the All India Bar Examination(AIBE) conducted by the second respondent, on the basis of the petitioner's representation dated 19.01.2024 within the period stipulated by this Court.
For Petitioner : Mr.M.Pozhilan For Respondents : Mr.K.Govindarajan, Deputy Solicitor General of India. * * *
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2 W.P.(MD)NO.12913 OF 2024
O R D E R
Heard the learned counsel appearing for the writ petitioner and the learned Deputy Solicitor General appearing for the respondents.
Hon'ble Supreme Court of India. The Hon'ble Supreme Court orally observed that a significant issue has been raised and issued notice to the
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3 W.P.(MD)NO.12913 OF 2024
Union of India, Bar Council of India and State Bar Councils (Gaurav Kumar V. Union of India (2023 SCC OnLine SC 391) . But the issue before us pertains to the examination fee for the All India Bar Examination. 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. 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. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
(R.M.D.A.C.J,) (G.R.S.J,) 18.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU
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4 W.P.(MD)NO.12913 OF 2024
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE
AND G.R.SWAMINATHAN,J.
PMU
W.P.(MD)No.12913 of 2024
18.06.2024
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3 issues framed by the court
Whether the court can issue a writ directing the Bar Council of India to reduce the AIBE application fee.
Whether the quantum of Rs.3,500 examination fee is exorbitant enough to warrant judicial interference.
Whether a legal right exists to compel a reduction in fees where no statutory provision prescribes the amount.
Colour shows how this judgement treated each authority
Gaurav Kumar V. Union of IndiaReferred¶26
Gaurav Kumar V. Union of India (2023 SCC OnLine SC 391) · Who else cites this
2 provisions across 2 enactments
Gokul Abimanyu
Union of India
Bar Council of India
R.M. Mahadevan
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
