Bombay HC: Plea challenges increased Enrolment Fees of BCMG

Bombay High Court law insiderBombay High Court law insider

Greeva Garg–

Published on: August 13, 2021 at 11:10 IST

A plea has been filed in the Bombay High Court challenging the notifications issued by the Bar Council of Maharashtra and Goa (BCMG) increasing enrolment fees to Rs. 15,000, effective from January 2020. 

The Division Bench comprising Justice KK Tated and Justice PK Chavan has issued notices to the BCMG and Bar Council of India (BCI), regarding the petition.

The petition was filed by Amey Shejwal, which stated that the notifications were in violation of the Constitution of India and are liable to be struck down.

The petition castigated the resolutions of BCMG dated November 3, 2019, when the enrolment fee was enhanced to Rs. 15,000, December 7, 2019, when the head-wise enhancement was finalized, and December 29, 2019, which approved the resolutions to be effective from January 1, 2020.

The petitioner, Amey Sejwal submitted before the Court that he enquired through RTI seeking relevant information or notification about the enhancement of enrolment fees. He not only received the notification which had enhanced fees but also discovered that there was a need for approval from the BCI for such hike in charges which was admittedly not obtained in the present case.

“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.

The petitioner specified Section 24(1)(f) of the Advocates Act, which states that an Advocate has to pay Rs. 600 to the State Bar Council and Rs. 150 to the 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 ultra-vires the Act,” the petitioner stated.

Click here to Read/Download the Order

Also Read: Bar Council of India, Jurisdiction and Rights of an Advocate

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