JUDGMENT : Mohammad Yaqoob Mir, J. 1. Instant appeal under Clause 12 of the Letters Patent is directed against the judgment dated 28th July, 2015 rendered in SWP No. 1197/2014 captioned "Hakeem Ali Qanoon v. J & K Public Service Commission & Anr." In terms of the judgment appellant Public Service Commission (hereinafter referred to as the Commission) has been directed to recommend respondent No. 1 (hereinafter referred to as the writ petitioner) on the post of Medical Officer because of non-joining of the appointed candidates on the said post. The recommendation has been directed to be made within three weeks. Basically the Commission vide notification No. 16-PSC (DR-P) of 2013 dated 17.08.2013 had invited applications for the posts of Medical Officer in the Health and Medical Education Department. The writ petitioner had also applied and competed under category "OM". In the process of selection he has secured 56.24 points in aggregate with the following break-up: Basic qualification = 25.74 marks Experience = 2.50 marks Viva voce = 28 marks 2. Case of the Writ petitioner is that he was entitled to maximum three marks for experience. Buttressing this submission would submit that the experience certificate issued by Khyber Medical Institute where he had worked as Resident Doctor with effect from 01.01.2010 to 10.12.2010, has been ignored. 3. Learned counsel for the Commission projected that the said certificate was not in conformity with the conditions of the advertisement notice because, as required, it was without counter signature of the District/Divisional/State authority of the concerned Government Department and/or Director College Development Council/authorised officer of the University granting affiliation. 4. As per Rule 51 of the Jammu and Kashmir Public Service Commission (Business and Procedure) Rules, 1980, the weightage to the certificates of experience was to be calculated at 0.25 points for every completed three months. Same were to be awarded subject to the maximum of three points. Writ petitioner had been awarded 2.50 points for following experience certificates: (1) Certificate issued by Additional Medical Superintendent D Ram Manohar Lohia Hospital, New Delhi where petitioner had worked as a Junior Resident from 30.07.2001 to 31.12.2007; (2) Certificate issued by Sher-i-Kashmir Institute of Medical Sciences, Srinagar where petitioner had worked as Junior Resident from 20.12.2007 to 20.10.2008; (3) Certificate issued by Dr. Baba Sahib Ambedkar Hospital where petitioner had worked as Junior Resident with effect from 02.04.2011 to 14.11.2011. 5. Baba Sahib Ambedkar Hospital where petitioner had worked as Junior Resident with effect from 02.04.2011 to 14.11.2011. 5. Writ petitioner noticing that he has not been awarded any marks for the certificate Issued by Khyber Medical Institute for want of counter signature by the Government authorities has subsequently got the same countersigned and also had filed an affidavit of the proprietor/partner of Khyber Medical Institute wherein it has been stated that amongst others writ petitioner was working as a whole time employee of the said Institute. 6. According to learned counsel for the Commission when the certificate issued by Khyber Medical Institute was produced before the Commission same was not countersigned. When the testimonials were checked it was made known to the writ petitioner but despite that, till selection was finalized he had not taken steps to get the certificate countersigned as was required in terms of the advertisement notice. 7. There is no mala fide on the part writ petitioner. In fact, with all bona fides he had produced the certificate. When the Commission noticed deficiency regarding counter signature, same should have been notified by it which has not been. The Commission issued various notifications including notification dated 13.12.2013 informing other candidates who had applied about deficiencies in their testimonials. Same was not done in the case of writ petitioner otherwise he too would have made up the deficiency. That apart it is not a qualification acquired after the cut-off date as fixed in the advertisement notice or after selection. The process of making up the deficiency has been a continuing process and in case it would have been within the realm of eligibility then candidature of the writ petitioner would have been rejected which has not been, therefore, the said certificate which does not suffer from any fakeness or otherwise has to be counted which would entitle him to one point because for every three months of experience a candidate is entitled to 0.25 points. The writ petitioner had been awarded 2.50 points for the experience on the strength of other experience certificates as referred to above though he was entitled to one point for the certificate issued by Khyber Medical Institute but in view of limit he was still entitled to .50 points to be added to his aggregate marks as have been awarded by the Commission bringing his total aggregate marks to 56.74 points when the last selected candidate has secured 56.45 points, therefore, he would be entitled to figure in the main select list. 8. A question that his inclusion shall be to the exclusion of the last selected candidate who is not the party before the court. Same position is diluted because out of the appointed candidates seven candidates have not joined, therefore, his inclusion would not be to the exclusion of any candidate. 9. Learned writ court has not decided the issue of award of marks for the certificate as issued by Khyber Medical Institute, instead learned writ court while noticing that seven candidates have not joined the, writ petitioner shall be recommended as against one vacancy out of seven vacancies. 10. In the appeal it is projected that in between last selected candidate and the writ petitioner there are 27 candidates superior in merit, therefore, they could not be ignored, at the most as against seven vacancies against which selected candidates have not joined there could be a requisition from the concerned authorities/department for recommending seven candidates in order of merit which requisition has not been received by the Commission and even if same would have been received, writ petitioner could not figure in that list being intervened by 27 candidates. The stance of the Commission in that direction is unsustainable. 11. Be it as it may, now the position is altogether different i.e. writ petitioner has not to be recommended on the basis of the points as were awarded to him i.e. 56.24 points as against one of the vacancies out of seven vacancies against which selected candidates have not joined but now award of .50 points for the experience certificate as issued by Khyber Medical Institute which earlier had been ignored, has promoted his merit position, so in aggregate he has secured 56.74 points much higher than the last selected candidate. Now it is on that basis, the Commission has to recommend his name to be included in the original select list at an appropriate place so that he is appointed against one of the vacancies out of seven which have become vacant due to non-joining of the selected candidates. 12. For the stated reasons, impugned judgment is modified. The appellant Public Service Commission is directed to recommend the writ petitioner on the basis of the points to which he is entitled to i.e. 56.74 points for being including in the select list at an appropriate place. The respondent No. 2 on receipt of such recommendation shall issue appointment order in favour of the writ petitioner after adhering to all requisite formalities. Appeal shall, accordingly, stand disposed of.