Doctor can’t enrol as advocate without cancelling registration: HC

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The Kerala High Court has dismissed the plea of a registered medical practioner to be enrolled as an advocate. “She ought to cancel her registration as a medical practitioner if she wants to enrol as an advocate,” the court held.

The petitioner, a law graduate, had cancelled her licence issued by the local municipality to run a homeopathic clinic, before joining the LL.B course. However, her application for enrolment was refused by the Bar Council of Kerala (BCK). During verification, it was found that she had also submitted an undertaking that she would not practise medicine while in the legal profession, and that if she decided to do so, she would suspend her enrolment.

The BCK contended that it had a duty to ensure that an applicant was not engaged in any other profession, and that the requirement to cancel her registration as a medical practitioner was to ensure that a person did not pursue two professions at the same time. The counsel also cited the Kerala State Medical Practitioners Act, 2021 where it is illegal to practise any other profession while being a registered medical practitioner.

The court held that the BCK was entitled to deny the petitioner her right to enrol as an advocate, unless her registration as a homeopath was cancelled.



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