Point of Law : Tribunal is clearly based upon the report of the Committee constituted by the Commission and as such, no illegality and infirmity can be said to have been committed by the learned Tribunal below while directing the Commission to consider the case of the respondent-petitioner in light of report submitted by the Committee.

ORDER :

By way of instant writ petition filed under Article 226 of the Constitution of India, challenge has been laid to order dated 14.12.2017, passed by the erstwhile HP State Administrative Tribunal in OA No. 3340 of 2017 titled Rajesh Chauhan v. State of HP and Ors. (Annexure P-1), whereby the erstwhile HP State Administrative Tribunal (“in short the Tribunal” ) while allowing the Original Application having been filed by the petitioner (respondent No.1 herein), directed the Commission through Secretary to consider the case of the petitioner for change of category from General to Scheduled Caste (Unreserved) in terms of order dated 2.11.2017, passed by the Tribunal in TA No. 3825 of 2015 and the report of its Internal Committee (extract Annexure A-12). The Tribunal further ordered that in case respondent-petitioner is successful in the process for appointment to the post of Junior Office Assistant, further action be taken by making requests to respondent No.1-State for creation of supernumerary post as expeditiously as possible, but in any case not later than thirty days from the date of production of the certified copy of the order.

2. Precisely, the facts of the case as emerge from the record are that on 13.2.2015, posts of Junior Office Assistant (IT), came to be advertised under Post Code 447 vide advertisement No. 30 of 2015 dated 13.2.2015. However, subsequently, number of posts of Junior Office Assistant (IT) were increased due to fresh requisitions from the various departments and vide third addendum dated 13.10.2015, the last date to apply was ultimately extended till 31.10.2015 for normal area and 05.11.2015 for the candidates residing in Lahaul and Spiti and Kinnaur District, Pangi & Bharmour Sub Divisions of Chamba District and Dodra Kawar Sub Division of Shimla District of Himachal Pradesh. Two different red and blue coloured application forms were separately provided to the candidates belonging to the General Category and Scheduled Caste Category. Scheduled Caste Category candidates were required to fill up blue coloured application forms. Respondent-petitioner submitted his application on 28.10.2018, for the post in question, but inadvertently, filled up his category as General (UR) in the blue application form. After being declared successful in the written test, typing skill test of the respondent-- petitioner was conducted in the computer lab of the Commission. On 2.5.2017, result of typing skill test was declared and the category wise candidates were shortlisted for personal interview in the ratio of 1:3. Respondent-petitioner was declared qualified in the General (UR) category. On 29.6.2017, respondent-petitioner appeared in the personal interview and claimed that his category is Scheduled Caste (Unreserved) and as such, he was not interviewed by the Commission. Respondent-petitioner made a representation to the Commission to consider him as Scheduled Caste (Unreserved), but vide communication dated 12.7.2017, he was informed qua the decision of the Commission with regard to rejection of his candidature.

3. Being aggrieved and dissatisfied with aforesaid action of the Commission, respondent-petitioner approached the erstwhile Tribunal vide OA No. 3340 of 2017, wherein an interim order came to be passed to the effect that respondent-petitioner be permitted to appear in the interview for the post of Junior Office Assistant provisionally on a date fixed by the Secretary, HPSSC, however his result shall not be declared and instead, be produced before it on the next date of hearing.

4. On 31.7.2017, respondent-petitioner was interviewed in compliance of the interim order passed by the Tribunal. On 15.9.2017, Commission on the basis of merit of the written objective typing/screening test held on 10.4.2016, followed by qualifying skill typing test on computer held w.e.f. 23.5.2017 to 7.9.2017, declared the final result for 1421 posts of Junior Office Assistant (on contract basis) (Post Code: 447). During proceedin