Case Law Details
Tushar Tanwar Vs Bar Council of India (Punjab and Haryana High Court)
The Punjab and Haryana High Court addressed a Public Interest Litigation (PIL) filed by Tushar Tanwar against the Bar Council of India (BCI) concerning the fee structure of the All India Bar Examination (AIBE). The petitioner sought various reliefs, primarily challenging the application fee charged by the BCI for the AIBE, which is ₹3500 for General/OBC candidates and ₹2500 for SC/ST candidates, along with other incidental charges. The petitioner contended that this fee violates Section 24(1)(f) of the Advocates Act, 1961, infringes upon Article 19(1)(g) (freedom to practice any profession) and Article 14 (equality before law) of the Constitution of India, and is contrary to a judgment of the Supreme Court in W.P. (C) No. 352/2023.
The core grievance raised by the petitioner, a practicing lawyer, is the imposition of a separate examination fee by the Bar Council of India in addition to the registration fee. The petitioner argued that there is no provision within the Advocates Act that empowers the BCI to levy an examination fee for the AIBE. In this regard, the petitioner had previously submitted a representation to the Bar Council of India, which, as of the hearing, had not been considered or addressed by the respondent. While the High Court refrained from immediate intervention on the merits of the case, it directed the Bar Council of India to consider and decide upon the representation submitted by the petitioner within a period of 30 days from the date of receiving a copy of the court’s order. The BCI is also required to pass a speaking order, providing reasons for its decision on the representation. With these directions, the petition was disposed of.
FULL TEXT OF THE JUDGMENT/ORDER OF PUNJAB AND HARYANA HIGH COURT
This petition has been filed by the petitioner as a Public Interest Litigation praying for the following reliefs:-
i) Civil Writ petition in the nature of public interest litigation filed under Articles 226/227 of the Constitution of India seeking issuance of Writ/Order/Direction in the nature of mandamus declaring that the fee charged by the BCI (respondent) on account of application fees for AIBE of Rs.3500/- plus other incidental charges from General/OBC candidates and Rs.2500/- plus other incidental charges from SC/ST candidates violates section 24(1)(f) of the Advocates Act, 1961 and infringes Article 19(1)(g) and Article 14 of the Constitution of India and is against the judgment of the Apex Court in W.P. (C) No. 352/2023.
ii) Writ/order/direction in the nature of mandamus directing the respondent to show as to how the fee is being collected in the form of AIBE as it is unreasonable, infringes Article 19(1)(g), arbitrary and contrary to the judgment of the Apex Court in W.P. (C )-352/2023, or
iii) Writ/order/direction in the nature of mandamus directing the respondent to not collect an amount which is in excess of what section 24(1)(f) of the Advocates Act stipulate or,
iv) Writ/order/direction in the nature of mandamus directing the respondent o act upon the representation of the petitioner dated 02.03.2025; or
v) Any other appropriate writ/order/direction which this Hon’ble Court may deem fit in the peculiar facts and circumstances of the case.”
2. The essential grievance of the petitioner is that a separate fee for examination is being charged by the Bar Council of India of Rs.3500/- besides registration fee. It is submitted that there is no enabling provision under the statute to empower the Bar Council of India to charge examination fee for All India Bar Examination (AIBE).
3. The petitioner, who is a practicing lawyer, has made a representation in this regard before the respondent-Bar Council of India vide Annexure P-5, which has not been considered as yet.
4. This Court declines interference at this stage on the merits of the matter and directs the respondent-Bar Council of India to consider and decide the representation (Annexure P-5) made by the petitioner within a period of 30 days from the date of receipt of a copy of this order and pass a speaking order thereon.
5. With these observations, the petition stands disposed of.
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