KOCHI, KERALA — The Kerala High Court has delivered a landmark judgment clarifying boundaries on dual professional practices. The court ruled that a registered medical practitioner cannot be permitted to enrol as an advocate unless their registration under the Medical Practitioners Act is formally and completely cancelled.
The single-judge bench, presided over by Justice Bechu Kurian Thomas, explicitly rejected the notion that merely closing down a physical medical clinic or providing an undertaking to cease practice is sufficient to clear entry into the legal bar.
The court underscored that the legal profession demands undivided loyalty, noting that allowing an individual to simultaneously retain the statutory right to practice medicine while entering the legal arena would “split the professional soul between two masters” and compromise the core tenets of both fields.
Background of the Dispute
The ruling arose from a writ petition by Dr. T.M. Manju, a registered Homoeopathic doctor seeking to become an advocate. Despite closing her clinical practice, cancelling her municipal licence, and offering an undertaking to cease medical practice, the Bar Council of Kerala (BCK) denied her enrolment application. The BCK insisted on proof of formal cancellation of her registration with the medical council, leading the petitioner to approach the High Court.
The Clash of Statutory Provisions
The petitioner argued that the Advocates Act of 1961 does not require pre-enrolment cancellation of other professional licenses, contending this violated her rights. Conversely, the Bar Council of Kerala cited the Kerala State Medical Practitioners Act, 2021 (MP Act 2021), arguing that maintaining an active medical license enables practicing medicine, which conflicts with regulations requiring full-time commitment to the legal profession.
