Court Says Registered Medical Practitioners Cannot Simultaneously Pursue Legal Profession Without Surrendering Medical Registration
In a significant ruling on professional ethics and dual practice, the Kerala High Court has upheld a decision that a registered medical practitioner cannot enroll as an advocate unless their medical registration is formally cancelled. The judgment came while dismissing an appeal filed by a homeopathy doctor who sought enrollment with the Bar Council without surrendering her medical practitioner status.
A Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. ruled that the appellant could not truthfully declare that she was not engaged in the medical profession while her name continued to remain on the register of practicing homeopathic medical practitioners.
Background of the Case
The appellant, a registered homeopathy practitioner, had completed her LLB degree and cleared the All India Bar Examination. She approached the court after the Bar Council of Kerala refused to process her enrollment application without a certificate proving cancellation of her medical registration.
The doctor argued that she had already shut down her clinic by cancelling the municipal license and had also submitted an undertaking stating that she would not practice medicine after being enrolled as an advocate. Despite these assurances, her name was not included in the enrollment list issued in January 2026.
Bar Council Defended Its Decision
The Bar Council maintained that as long as the doctor’s name remained on the medical practitioners’ register, she continued to hold the legal right to practice medicine. Therefore, her undertaking alone was insufficient. The council argued that cancellation certificates are uniformly required from professionals seeking to switch careers, ensuring that no individual simultaneously pursues two regulated professions.
Court Emphasizes Professional Commitment
The Division Bench examined provisions of the Advocates Act, Bar Council Rules, and the Kerala State Medical Practitioners Act, 2021. The judges observed that both legal and medical regulatory frameworks discourage simultaneous engagement in the two professions to preserve professional standards and undivided commitment.
The court clarified that merely possessing a professional qualification does not amount to practicing a profession. However, registration under a professional statute signifies an intention to engage in that profession.
According to the judgment, a person whose name appears in the list of practicing medical practitioners effectively represents to the public that they are engaged in medical practice. Therefore, such an individual cannot simultaneously seek inclusion in the roll of practicing advocates without first relinquishing medical registration.
Declaration Found Inconsistent With Registration Status
The court further noted that applicants for enrollment as advocates must submit a declaration stating that they are not engaged in any other profession. Since the appellant remained a registered homeopathic practitioner under the Kerala State Medical Practitioners Act, the declaration submitted with her enrollment application could not be considered factually accurate.
As a result, the bench held that her application was not legally valid for consideration by the Bar Council.
Re-Registration Option Available
Addressing the doctor’s concern about losing her medical career permanently, the court pointed out that the Kerala State Medical Practitioners Act permits re-registration in the future. If she later decides to leave legal practice and return to medicine, she can seek restoration of her medical registration under the provisions of the law.
Finding no legal infirmity in the earlier judgment, the Division Bench upheld the Single Judge’s ruling and dismissed the appeal.
Legal Significance of the Judgment
The ruling reinforces the principle that regulated professions such as medicine and law require exclusive professional commitment. It also clarifies that active registration in one profession may itself constitute engagement in that profession, even if the individual claims not to be actively practicing.
