MANJU Vs. BAR COUNCIL OF KERALA

JUDGEMENT

(1.) Can a registered medical practitioner of Homoeopathy be denied permission to enrol as an Advocate unless the applicant cancels the registration as a Homoeopath? Is it enough that the licence to practice another profession be cancelled after enrolment as an Advocate? These questions require answers in the instant case. The issues arise for consideration as the petitioner, despite being a registered Homoeopath, seeks to enrol herself as an Advocate without cancelling her registration as a medical practitioner.

(2.) While practicing as a Homoeopath, petitioner decided to pursue a course in law. After cancelling her licence issued by the local authority to run her Homoeopathic clinic, petitioner underwent a three year Unitary LL.B course during the period from 2022 to 2025. After acquiring a degree in law and after clearing the All India Bar Examination, petitioner applied to the Bar Council of Kerala on 17/11/2025, for enrolment as an Advocate. Petitioner was thereafter directed to appear before the Bar Council on 13/12/2025 for physical verification of the documents. On noticing that the cancellation certificate as a Homoeo Doctor had not been uploaded, petitioner was informed by email of the same date, to upload the said document. Pursuant to the said communication, an affidavit dtd. 5/12/2025 was thereafter filed stating that she had cancelled the licence for the clinic issued by the Municipality and that she had not practiced Homoeopathy from the date of such cancellation. Petitioner also submitted an undertaking that she will not engage in the medical profession simultaneously and that if she decides to practice medicine, she will inform the Bar Council and suspend her enrolment.

(3.) According to the petitioner, when she was given an opportunity for a personal hearing, she submitted Ext.P11 undertaking in Form No.6 as required under Rule 2(h) Chapter V of the Bar Council of Kerala Rules, 1979, stating that, upon her enrolment as an Advocate, she would not practice medicine or engage in the medical profession simultaneously. After the personal hearing, since the petitioner did not receive any reply, she verified the list of candidates to be enroled and found her name absent in the enrolment list for January 2026. Petitioner alleges that she was arbitrarily denied permission to enrol as an Advocate. As the petitioner learnt that another enrolment is about to take place in March 2026, she filed this writ petition seeking various reliefs, including quashing Ext.P17 proceedings of the enrolment committee, deciding to consider her enrolment application only after she cancels her registration as a medical practitioner. A declaration is also sought that petitioner shall be deemed to have been enroled as an Advocate on the State rolls from January 2026 onwards, apart from a direction to enrol her as an Advocate at the next enrolment, as well for grant of compensation for the wrongful denial of permission to enrol.