The main legal point established in the judgment is the requirement to adhere to the Rules and Regulations framed under the U.P. Krishi Utpadan Mandi Adhiniyam, 1964, particularly regarding the promotion process and the filling of promotional posts. The judgment emphasizes the need to follow the prescribed procedures and avoid actions that contravene the established rules.

JUDGEMENT :

Sharad Kumar Sharma, J.

Before this Court proceeds to sculpturize this judgment, this Court is of the view, that few backdrop of the legislative impact of the Act, the Rules and the Regulations framed thereunder are necessarily required to be considered, before considering the respective cases of the parties, to the proceedings of the present Writ Petition.

2. In the undivided State of U.P., the State had then formulated an Act called as U.P. Krishi Utpadan Mandi Adhiniyam, 1964, as it was notified to be enforced by the State; vide its notification, which was issued as back as on 4th August, 1964.

3. The said Act under Section 26-A, prescribes the modalities of exercise of control over the functioning of the respective Krishi Utpadan Mandi Samiti, and for the aforesaid purpose, the external controls are regulated as per the provisions contained under Chapter V of the Act, and basically, under Section 26-A of the Act, it contemplates providing of a constitution of a Board, by constituting the same by a gazette notification of the State, giving it as to be a status of body corporate and an apex body having perpetual succession, to deal with all the matters which are related to the provisions of the Act of 1964. What we would be more concerned herein is, that under Section 26-G of the said Act, the exclusive powers of superintendence over the functioning of the Board and the general control, is a power, which has been exclusively vested with the Director of the Mandi Samiti as per law, as it has been defined under Sub-section (h) of the Section 2 of the Act.

4. Under Section 26-X of the Adhiniyam of 1964, which would be the basic provisions, with which, we would be more concerned, its a power, which has been exclusively vested with Board thus constituted under Section 26-A, to be read as to be a Board defined under Section 2 (a-1). It provides for, that the Board may with the previous approval of the State Government, may make Regulations in relation to the exercise of its general administrative control over the affairs of the Board, and the functioning of its employees. Accordingly, in the exercise of the powers which are to be read with in consonance with Section 26-A and Section 26-X, the Board has formulated the Service Rules, which would be governing the service conditions of the employees working with the Mandi Samiti, by notifying the same in the official gazette, in the exercise of its powers under Section 26-A to be read Section 26-X, called as U.P. Krishi Utpadan Mandi Adhiniyam, 1964.

5. The Rules, thus notified under Section 26-X, it provides for the various modalities which would be governing the service conditions of the employee of the Mandi, and particularly, the aspect, which we would be concerned with in the instant Writ Petition, would be the procedure for direct and promotional recruitment, as contemplated under Part-III of the Rules of 1964, the applicability of which, is not a fact, which is disputed by either of the parties to the proceedings of the present Writ Petition.

6. Particularly, for the purposes of adjudication of this case, a reference to Regulation 13 of the U.P. Agricultural Produce Market Committee (Centralized) Service Regulation of 1984, is specifically required a mention to be dealt with, which provides for the provisions of source of the recruitment, and the proportions from different sources is given thereof, which has been spilited over for the purposes of filing up, the available post of different categories of posts contained in the Schedule provided under Rule 13, as to what percentage, and upto what extent the same could be filled in by way of promotion or direct recruitment, as the case may be. Rule 13 is extracted hereunder :-

13. Quota. – (1) Subject to the provision of subrule (2) recruitment to various categories of posts in the cadres of the service shall be made from t