Court Says Registered Medical Practitioners Cannot Pursue Another Profession Simultaneously
In a significant ruling, the Kerala High Court has held that a registered Homeopathy doctor cannot enrol as an advocate unless they first cancel their registration as a medical practitioner. The Court clarified that a person whose name continues in the medical register cannot simultaneously pursue the legal profession without permission from the concerned medical council.
The judgment was delivered by Justice Bechu Kurian Thomas while dismissing a petition filed by a Homeopathic practitioner challenging the refusal of the Bar Council of Kerala to enrol her as an advocate.
Bar Council Refused Enrolment Over Continuing Medical Registration
According to the case details, the petitioner had completed her LLB degree, cleared the All India Bar Examination, and submitted an undertaking stating that she would not continue medical practice after enrolment as an advocate.
However, the Bar Council directed her to produce a cancellation certificate proving that her registration as a Homeopathic doctor had been cancelled. Though the petitioner had shut down her clinic and cancelled the municipal licence for operating it, her name continued to remain in the State medical register.
The Bar Council argued that merely closing the clinic was insufficient because the petitioner still retained the legal right to practice medicine as long as her name existed in the register of medical practitioners.
Kerala HC Interprets Medical Practitioners Act, 2021
While examining the matter, the Court referred to the Travancore-Cochin Medical Practitioners Act, 2021 and observed that registered practitioners cannot follow another profession without either obtaining permission from the concerned council or cancelling their registration.
The bench noted that Section 31(2) of the Act creates a legal restriction on registered medical practitioners from engaging in another profession while their name continues in the medical register.
The Court observed that:
“If a person’s name is included in the list of registered medical practitioners, he cannot follow any other profession without permission from the Council or without cancelling his registration.”
Court Says Right to Practice Another Profession Matters
The High Court further interpreted the expression “engaged in any profession” under the Bar Council of Kerala Rules, 1979, stating that even if a person is not actively practicing, retaining the legal right to practice a profession amounts to being engaged in that profession.
According to the Court, the petitioner’s continued inclusion in the medical register projected her to the world as a medical practitioner despite her undertaking not to practice medicine.
The bench said cancellation of the clinic licence alone did not satisfy the legal requirement.
Legal Profession Requires Undivided Loyalty: HC
The Court also stressed that professional loyalty cannot be divided between two professions, especially law and medicine.
Observing that the legal profession requires complete dedication, the Court remarked:
“Such divided loyalty cannot be countenanced in the profession of law as the said profession has often been stated to be a jealous mistress.”
The Court added that Bar Councils have the authority to filter applicants even before enrolment if they are found entitled to practice another profession simultaneously.
Supreme Court Judgment Also Referred
The High Court relied on the Supreme Court ruling in Dr Haniraj L. Chulani v. Bar Council of Maharashtra & Goa, where the apex court had held that a person cannot simultaneously function as both a practicing doctor and advocate due to conflicting professional loyalties.
Petition Dismissed
Dismissing the plea, the Kerala High Court held that the Bar Council was justified in insisting on cancellation of the petitioner’s Homeopathy registration before granting enrolment as an advocate.
The Court concluded that the restriction imposed under the Bar Council rules is a reasonable restriction under Article 19(6) of the Constitution and therefore legally valid.
