Court affirms that a registered medical practitioner must cancel their medical registration to be eligible for enrolment as an advocate.
In a landmark decision, the Kerala High Court has upheld the statutory prohibition against simultaneous practice in the medical and legal professions. This ruling was pronounced in the case of T.M. Manju v. Bar Council of Kerala, where the appellant, a registered Homeopathic medical practitioner, sought to enroll as an advocate without relinquishing her medical registration. The Division Bench, comprising Dr. A.K. Jayasankaran Nambiar and Preeta A.K., dismissed the appeal, reinforcing the statutory mandate that prohibits dual professional engagement without cancelling existing medical registration.
The appellant, T.M. Manju, who had been a registered Homeopathic medical practitioner since 2008, pursued a law degree and subsequently cleared the All India Bar Examination. However, her application for enrolment as an advocate was deferred by the Bar Council of Kerala due to her continued registration as a medical practitioner. The court, affirming the decision of the Bar Council, noted the importance of maintaining professional integrity and standards, which could be compromised by dual practice.
The court examined the provisions under the Kerala State Medical Practitioners Act, 2021, and the Advocates Act, 1961, emphasizing that both statutes clearly prohibit simultaneous practice in two professions. The Bench rejected the appellant's argument that mere registration as a medical practitioner did not equate to active engagement in the profession, highlighting that statutory registration itself implies an intention to practice.
Furthermore, the court clarified that the appellant's application for enrolment as an advocate was invalid due to the incorrect declaration that she was not engaged in any other profession. The judgment highlighted that a truthful declaration is a fundamental requirement for enrolment under the Bar Council of Kerala Rules.
The High Court also addressed the appellant's concerns regarding potential barriers to re-registration as a medical practitioner if she chose to return to the medical field in the future. The judgment assured that the Kerala State Medical Practitioners Act, 2021, provides mechanisms for re-registration, thus alleviating such apprehensions.
Ultimately, the court's decision underscores the statutory and ethical obligations that govern professional conduct, reinforcing that those seeking to practice law must first disentangle from any other registered profession. This ruling serves as a significant precedent in upholding the exclusivity and commitment required in the legal profession.
Bottom line:-
A registered medical practitioner under the Kerala State Medical Practitioners Act, 2021, cannot apply for enrolment as an Advocate under the Advocates Act without cancelling their registration as a medical practitioner, as it would violate the statutory bar against simultaneous engagement in two professions.
Statutory provision(s): Advocates Act, 1961; Kerala State Medical Practitioners Act, 2021; Bar Council of Kerala Rules
T.M. Manju v. Bar Council of Kerala, (Kerala)(DB) : Law Finder Doc id # 2925958
