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. 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 proceedings, the Tribunal specifically asked the standing counsel representing the Commission to have instructions whether the category of the respondent-petitioner from “General” to “Scheduled Caste” can be changed at this stage or not. During proceedings, the Tribunal specifically asked the standing counsel representing the Commission to have instructions whether the category of the respondent-petitioner from “General” to “Scheduled Caste” can be changed at this stage or not. However, the Tribunal was informed that it is not possible to change the category of the respondent-petitioner at this stage, but learned Tribunal placing reliance upon order dated 2.11.2017, passed in TA No. 3825 of 2015 and the report submitted by the Internal Committee constituted by the Commission, wherein it was specifically concluded that in the given facts and circumstances of the case, candidate having Roll No. 515556, who had otherwise filled up blue form meant for reserved category be admitted to the selection process in Scheduled Caste (Unreserved) category, disposed of the Original Application having been filed by the respondent-petitioner vide order impugned in the instant proceedings, with direction to the Petitioner-Commission to consider the case of the respondent-petitioner for change of category from “General” to “Scheduled Caste (Unreserved)”. Being aggrieved and dissatisfied with aforesaid order passed by the erstwhile Tribunal, petitioner-Commission has approached this Court in the instant proceedings, praying therein to set-aside the aforesaid impugned order passed by the erstwhile Tribunal. 5. Vide order dated 21.10.2021, passed by the Division Bench of this Court, direction was issued to petitioner-Commission to file specific affidavit as to how many posts were reserved for the “Scheduled Caste Category” in the recruitment in question and whether any candidate lower in merit than the respondent-petitioner Rajesh Chauhan has been selected and appointed as Junior Office Assistant (IT). 6. Pursuant to aforesaid direction, petitioner-Commission has filed an affidavit specifically, stating therein that 140 persons, who were below the respondent/petitioner in merit were offered appointment to the post of Junior Office Assistant (IT) and apart from this, 19 other candidates from the waiting list have been also offered appointment. 7. Having heard learned counsel for the parties and perused the material available on record vis-à-vis reasoning assigned in the order impugned in the instant proceedings, this Court finds that there is no dispute that petitioner-Commission while issuing advertisement inviting application had specifically mentioned that candidate belonging to the “General Category” would fill up red form and candidate belonging to “Reserved Category” would fill up blue form. It is also not in dispute that in the case at hand, respondent-petitioner had filled up blue form, but inadvertently, he ticked on the box meant for “General Category (UR)” and as such, his candidature despite his being declared successful in written and skill test, came to be rejected by the petitioner-Commission. It is also not in dispute that pursuant to interim direction issued by the erstwhile Tribunal, petitioner-respondent was permitted to participate in the interview alongwith other successful candidates. It is also not in dispute that respondent while considering representation having been filed by the respondent-petitioner constituted Internal Committee, which after having gone through the record concluded as under: “There is 01 candidate bearing Roll No. 515556, who is now otherwise eligible has claimed his category as SC (UR) and also filled up the blue colour form meant for reserved category. This candidate was initially admitted to the selection process under General (UR) category whereas he should have been rejected at the time of scrutiny and has now been rejected for the reason less fee paid despite the thing that there no provision at the relevant time to deposit the fee manually but the forms for General and Reserved category sold for Rs.360/- and Rs. 120/- respectively. The Committee is of the view that in the given facts and circumstances this very candidate be admitted to the selection process in SC(UR) category as he applied on the form of SC Category as per his request in the Hon'ble HPSAT, to end the litigation as per the minutes of the meeting of the Departmental Litigation Monitoring Committee of Personnel Deptt. held on 22.08.2015 and 29.08.2015." 8. Though Committee had specifically concluded that respondent-petitioner belongs to the “Scheduled Caste (Unreserved)” category and he had filled up blue form, but yet petitioner-Commission not acceded to the prayer made by the respondent-petitioner and as such, he was compelled to approach the erstwhile Tribunal. No doubt, in the case at hand, respondent-petitioner was admitted to the selection process under “General (UR) Category”, whereas he should have been rejected at the time of the scrutiny. However, in the case at hand, respondent-petitioner despite his having wrongly ticked his category as “General (UR)” that too on blue form was permitted to participate in the written test and thereafter in qualifying skill test. However, in the case at hand, respondent-petitioner despite his having wrongly ticked his category as “General (UR)” that too on blue form was permitted to participate in the written test and thereafter in qualifying skill test. It is only at the time of the interview when he himself claimed to be candidate belonging to “Scheduled Caste (Unreserved)”, he was not interviewed and his candidature was rejected. Since there is no dispute that blue coloured application form was specifically meant for Scheduled Caste Category and respondent-petitioner had filled up the blue form, there was otherwise no occasion for the Commission, to consider the candidature of the respondent-petitioner under “General Category (UR)”. It is also not understood that when separate blue coloured form was prescribed for the candidates belonging to the Scheduled Caste (Unreserved), where was the occasion for the Commission to write/prescribe the category of General Category (UR) in that form. True it is that respondent-petitioner while filling up blue form inadvertently, ticked at column/box containing General Category (UR), but that would not make him ineligible to participate in the selection process because he had rightly, as per the instructions, filled up the blue application form specifically prescribed for the candidates belonging to the Scheduled Caste (Unreserved). 9. Leaving everything aside, once there was report of the Committee constituted by the Commission itself that there is no fault, if any, of the respondent-petitioner and it had recommended to consider the candidature of the respondent-petitioner under the Scheduled Caste (Unreserved) category, petitioner-Commission had no option but to consider him under the category of Scheduled Caste (Unreserved) and thereafter, offer appointment, if he was selected. Order impugned in the instant proceedings passed by the erstwhile 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. As has been noticed herein above, 140 candidates, who were below the respondent-petitioner in merit, already stand offered appointment. Even 19 candidates from the waiting list have been also offered appointment and as such, great prejudice would be caused to the petitioner in case he is denied the appointment against the post in question despite his having cleared the entire selection process. 10. Even 19 candidates from the waiting list have been also offered appointment and as such, great prejudice would be caused to the petitioner in case he is denied the appointment against the post in question despite his having cleared the entire selection process. 10. Consequently, in view of the above, we do not find any illegality and infirmity in the order impugned in the instant proceedings and same is upheld. Accordingly, present petition fails and dismissed being devoid of any merits. Needful in terms of directions passed by the erstwhile Tribunal vide impugned order may be done expeditiously, preferably within two weeks and thereafter compliance report be filed before this Court forthwith. Pending applications, if any, stand disposed of.