A Division bench of the Kerala High Court recently upheld a Single Judge's ruling that held that a registered medical practitioner cannot seek permission to enrol as an Advocate unless the medical registration is cancelled.
Dismissing the appeal by the concerned homeopathy doctor, the Division bench of the High Court comprising Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. observed, "We are of the view that the appellant cannot, without cancelling her registration as a Homeopathic Medical practitioner, truthfully subscribe to a declaration in Form No.6 under the Bar Council of Kerala Rules, that she is not engaged in the medical profession as a Homeopathic medical practitioner. Viewed from another angle, the appellant's was not a case where the bar against simultaneous practice would be attracted only after her enrolment as an Advocate. It was one where, in the light of her continued status as a Homeopathic medical practitioner, she could not prefer a valid application for enrolment as an Advocate."