CHAPTER IIICERTIFICATE OF FITNESS FOR THE GOVERNMENT SERVICE(Rules made by the Governor under Fundamental Rule 10)
10. Unless any other form of medical certificate is prescribed in the rules, regulations or instructions regulating recruitment to a particular service or post, a medical certificate of fitness for government service shall be in the following form:
I do hereby certify that I have examined,a candidate for employment in thedepartment, and cannot discover that he/she has any disease (communicable or otherwise), constitutional weakness or bodily infirmity exceptI do not consider this is a disqualification for employment in thedepartment.
The candidates age according to his/her own statement isyears and by appearance years.
NOTEWhen a candidate for appointment in a non-gazetted post is sent for medical examination the examining medical officer or board should in his or its presence obtain on the medical certificate the signature of the candidate. These signatures should afterwards be verified by the head of the office with those in the service book. In the case of an illiterate person it will be sufficient to obtain his thumb and finger-impressions on the certificate. In the case of a person for whom a service book is not maintained, the head of the office should verify the signature on the medical certificate with the signature of the candidate obtained in his presence.
11. A medical certificate of fitness shall not be required in the following cases:
(1) from a person appointed by the President of India;
(2) from passed civil engineer students of the Thomason Civil Engineering College, Roorkee who have been examined and passed as fit by a medical board at Roorkee at the end of their third year in that college;
(3) from a government servant promoted from inferior to superior service;
(4) from persons appointed on the results of competitive examinations for which medical examination by a medical board is prescribed if they are appointed within six months of the date on which they were examined by the medical board;
(5) from persons who have been examined and passed as fit by a Medical Board before selection for training in the Superior Forest Service Course at the Indian Forest College, Dehra Dun;
(6) from persons who have been examined and passed as fit by a Civil Surgeon before selection for training in the Forest Rangers Course at the Indian Forest Rangers College, Dehra Dun.
(7) from engineer officers in the Public Works Department who have been examined and passed fit by the Medical Board, Lucknow, on their first appointment to a gazetted post, whether permanent or temporary, unless at the time of confirmation it may be found necessary for any special reasons to require an officer to undergo a second medical examination.
(8) from handicapped persons who have been examined and passed as fit by Special Medical Boards constituted by the State Government for physically handicapped persons for entry into Government service.
Order of the Governor regarding Subsidiary Rule 11
Once a person is asked to produce a medical certificate of fitness for entry into government service and has actually been examined and declared unfit, it is not open to the appointing authority to use its discretion to ignore the certificate that has been produced.
12. The certificate shall, except in the case of women candidates or of posts on pay not exceeding Rs. 50 per mensem, be signed by the civil surgeon of the district in which the candidate is resident or in which he is to be employed, provided that a civil surgeon shall not examine a candidate or grant him a certificate except on the written request of the appointing authority.
13. Before the civil surgeon is requested to examine a candidate, the appointing authority shall, as far as possible, satisfy himself that the candidate has not previously been rejected as unfit for permanent employment by any medical authority in England or India and if the candidate has been so rejected the appointing authority shall bring the fact prominently to the notice of the civil surgeon and shall state the cause of the rejection, if known or ascertainable, in the letter to the civil surgeon.
14. In the case of a candidate for appointment to a post of which the pay does not exceed Rs. 50 per mensem, the appointing authority may, at his discretion, accept a certificate in the prescribed form from any medical practitioner who has registered his name under the U. P. Medical Act, III of 1917 or from a Vaidya or Hakim registered with the Board of Indian Medicine, Uttar Pradesh, under the Uttar Pradesh Indian Medicine Act, 1939 (Act X of 1939) or from a homoeopathic medical practitioner registered with the Board of Homoeopathic Medicine, Uttar Pradesh, under the U.P. Homoeopathic Medical Act, 1951 (U. P. Act no. VIII of 1952); provided that where a candidate has previously been rejected as unfit for permanent employment, the appointing authority shall require an examination by the civil surgeon and shall, as in the preceding rule, take steps to make the civil surgeon acquainted with the facts, as far as known or as certainable, regarding the candidates previous rejection.
NOTEExecutive engineers in the Public Works Department, Buildings and Roads Branch, exercise the powers of the appointing authority under this rule in respect of government servants under their control.
15. If in any case a candidate is not satisfied with the decision of the civil surgeon, he may appeal to the Divisional Medical Invaliding Board through the head of the office or department concerned, and the latter may, at his discretion accept and forward the appeal or refuse to do so, provided that he shall refuse to forward the appeal in any case in which a member of the Divisional Board has already expressed or recorded an opinion unfavourable to the employment of the candidate. When an appeal is allowed the candidate must appear, at his own expense, at the next meeting of the Board.
15-A. There will be no right of appeal from a medical board special or standing; but if Government are satisfied, on the evidence produced, of the possibility of an error of judgment in the decision of the first medical board, it will be open to Government to allow an appeal to a second medical board.
16. When a government servant in whom a defect has been noticed by the examining surgeon, but which defect is not considered to be a disqualification for employment in the particular office or department in which he is serving, is subsequently transferred to another office or department the duties of which are of a different character, the transfer shall not be regarded as permanent until the civil surgeon or other medical authority has at the written request of the head of the new office or department, certified either that the defect previously noticed has disappeared or that it does not constitute a disqualification for the new duties entrusted to the government servant.
17. No woman candidate for permanent employment in the service of the Government shall be required to undergo a medical examination by a male medical officer. In such a case the appointing authority may, at his discretion, accept a certificate in the prescribed form from any registered medical woman and preferably from a registered Medical woman in government employ.
NOTEIn the case of woman teachers in the girls model schools, the appointing authority is authorised to accept a certificate from the circle-inspectress of schools concerned to the effect that the candidate is physically and mentally fit for service under the government. If the inspectress has any doubt as to the physical fitness of a candidate, the production of a certificate in the prescribed form from a registered medical woman, and preferably from a registered woman in government employ, should be insisted upon.