A law degree obtained by a homoeopathic doctor after obtaining licentiate course in homoeopathy will not entitle him/her to practise as an advocate, the Supreme Court has held.
“The Bar Council of India Rules provide that for joining the course in law for a degree, a candidate must be a graduate of any university or must possess such academic qualifications which are considered equivalent to a graduate degree of a university recognised by the Bar Council,” a Bench said.
“One can pursue law, but for obtaining licence to practise, he or she must fulfil all the conditions prescribed by the Bar Council.”
In this case, appellant Archana Girish Sabnis, after completion of professional course — Licentiate of the Court of Examiners in Homoeopathy medicines (LCEH) — took admission to the LL.B. course conducted by the University of Mumbai.
At the time of admission, the university considered LCEH equivalent to graduation degree by the Central Council of Homoeopathy and such decision was even approved by the Government of India for equating the pay scales.
After the completion of the course when she wanted to practise, the BCI rejected her plea on the ground that LCEH was not considered equivalent to a degree course and hence her law degree would not entitle her for enrolment to practise.
On a writ petition, the Bombay High Court concurred with the BCI’s decision and rejected her plea to practise.
Aggrieved, she moved the apex court. Dismissing the appeal, Justice Eqbal, who wrote the judgment, said: “One can pursue law, but for the purpose of obtaining licence to practise, he or she must fulfil all the requirements and conditions prescribed by the BCI.”
Bench concursThe Bench said: “We do not find any reason to differ with the view taken by the High Court. Admittedly, the appellant does not possess any degree in BHMS or equivalent qualification in as much as the LCEH qualification which the appellant possesses is less than a 5 years’ course without any compulsory internship. It is a qualification of Licentiate of the Court of Examiners in Homoeopathy and not equivalent to a degree. Furthermore, the BCI is not withdrawing the LL.B. degree secured by the appellant, but what is being denied to the appellant is the enrolment as an advocate.”
