JUDGMENT : Karunesh Singh Pawar, J. 1.Heard Mr. Shubham Kumar, petitioner in person and Sandeep Sharma, learned Additional Chief Standing Counsel for the State. 2.By means of present petition, the petitioner has prayed for following prayer(s) : "(i) to issue a writ, order or direction in the nature of Certiorari to quash the impugned order dated 14.12.2016 passed by the Respondent No. 1 as contained in Annexure No. 1 to this writ petition. (ii) to issue a writ, order or direction in the nature of Mandamus commanding the respondents not to give effect to the impugned order dated 14.12.2016 passed by the Respondent No. 1 as contained in Annexure No. 1 to this writ petition. (iii) to issue a writ, order or direction in the nature of Mandamus commanding the respondents to include the 2 years Diploma course of Veterinary Pharmacy as an essential qualification for appointment on the post of Veterinary Pharmacist keeping in view the letter dated 30.6.2010 issued by the State Government, which is annexed as Annexure No. 2 to this writ petition. (iv) to issue a writ, order or direction in the nature of Mandamus commanding the respondents to consider the case of the petitioner for appointment on the post of Veterinary Pharmacist keeping in view his completion of 2 years Diploma course of Veterinary Pharmacy in the year 2015 itself by the Uttar Pradesh Pt. Deen Dayal Upadhyay Pashu Chikitsa Vigyan Vishwavidyalaya Evam Go-Anusandhan Sansthan, Mathura. (v) to pass such other order or direction, which this Hon'ble Court may deem fit and proper under the circumstances of the case. (vi) to award cost to the humble petitioner throughout of the present writ petition. 3.Brief facts of the case are as under : It appears that vide Government Order dated 30.6.2010 (Annexure-2), a direction was issued by the State Government to the Vice Chancellor, Pt. Deen Dayal Upadhyay Pashu Chikitsa Vishwavidyalaya, U.P., Mathura (in short, university) to prepare a syllabus/course for running two year diploma course in Veterinary Pharmacy and provide it to the State Government. Consequently, two year diploma course in Veterinary Pharmacy was started in the university. It further appears that after taking admission, the petitioner has successfully completed his two year diploma course in Veterinary Pharmacy with first division from the university. Copies of the mark sheet and diploma certificate are on record. Consequently, two year diploma course in Veterinary Pharmacy was started in the university. It further appears that after taking admission, the petitioner has successfully completed his two year diploma course in Veterinary Pharmacy with first division from the university. Copies of the mark sheet and diploma certificate are on record. It is pleaded that several posts of Veterinary Pharmacist are lying vacant and the petitioner as well as other co-applicants are not being considered against those vacant posts of Veterinary Pharmacist. It also appears from the record that for appointment on the post of Veterinary Pharmacist, there are no service rules as such. However, executive instructions /government order dated 14.12.2004 has been issued by the State Government providing procedure for appointment on the post of Veterinary Pharmacist till the concerned service rules are promulgated. In the aforesaid office memorandum, the appointing authority for the post of Veterinary Pharmacist is Deputy Director, Animal Husbandry and the essential qualification for the post is Intermediate with Biology or Agriculture with additional provision of six months training after selection on the post of Veterinary Pharmacist. Earlier, the petitioner had filed a writ petition No.22087 (S/S) of 2016 which was disposed of vide judgment and order dated 15.9.2016 directing the Principal Secretary to take a decision on the representation of the petitioner. The operative part of the order is extracted below : "Be that as it may, the aforesaid aspects lie in the realm of the policy of the State Government. However, taking into account the over all aspect of the matter and the averments made in the writ petition, especially the Government Order dated 30.06.2010 and the efforts made by the State Government to start two years diploma course in Veterinary Pharmacy in Pt. Deen Dayal Upadhyay University of Veterinary Sciences, U.P. Mathura, this petition is disposed of finally with the direction to the Principal Secretary, Animal Husbandry, U.P., Lucknow to take a decision relating to grievance of the petitioner. To facilitate the decision to be taken by the Principal Secretary under this order, the petitioner shall make a fresh representation to the Principal Secretary taking all the pleas which may be available to him and annexing all the documents on which he intends to rely within a fortnight from today. To facilitate the decision to be taken by the Principal Secretary under this order, the petitioner shall make a fresh representation to the Principal Secretary taking all the pleas which may be available to him and annexing all the documents on which he intends to rely within a fortnight from today. On receipt of the said representation along with certified copy of this order, case of the petitioner shall be considered and decided by the Principal Secretary in accordance with law by passing a reasoned and speaking order within next three weeks. The decision so taken by the Principal Secretary shall be communicated to the petitioner." The State Government vide a reasoned and speaking order has rejected the representation of the petitioner stating that there are no prevalent rules of filling up the post of Veterinary Pharmacist. The posts are being filled up in accordance with the procedure provided in executive order dated 14.12.2004. The essential qualification for the post of Veterinary Pharmacist is Intermediate in Agriculture or Biology. Apart from this, a candidate is required to undergo six months of training after selection which has been extended to one year vide government order dated 21.3.2005. While deciding the representation, it has further been stated that now, the Pharmacists of Veterinary department are getting equal pay-scale as compared to Pharmacists of Medical Department, i.e. Rs.4500-7000. A further decision was taken vide government order dated 8.9.2010 to provide facility of training and registration to the Pharmacists at par with Pharmacists of the Health Department. Later on, while reconsidering the earlier recommendation of the Pay Commission, 2008, vide government order dated 18.3.2011, the pay-scale of Rs.5000-8000 has been approved and this post has been directed to be filled up by direct recruitment with educational qualification of Intermediate Math or Biology Group and the Diploma provided by State Medical Faculty, U.P. Thus, at present, the procedure for appointment on the post of Pharmacist is in accordance with government order dated 18.3.2011. While deciding representation of the petitioner, it has been further observed that so far as appointment of the petitioner on the post of Veterinary Pharmacist on the vacant post in view of the government order dated 30.6.2010 is concerned, only directions were issued to the university in question to formulate a professional course and provide it to the State Government. While deciding representation of the petitioner, it has been further observed that so far as appointment of the petitioner on the post of Veterinary Pharmacist on the vacant post in view of the government order dated 30.6.2010 is concerned, only directions were issued to the university in question to formulate a professional course and provide it to the State Government. The said government order dated 30.6.2010 did not provide to run any course for the post of Veterinary Pharmacist/Pashudhan Prasar Adhikari. It has been observed that exercise to frame the rules for the cadre of Pharmacist of Veterinary Department is under active consideration. This is a post of direct recruitment and appropriate appointments shall be made from the selected candidates as per prescribed procedure.It further appears that in compliance of order dated 14.12.2016, the representation of the petitioner has been considered and rejected vide order which is impugned in this petition. 4.It is submitted by the petitioner appearing in person that vide government order dated 30.6.2010, the university was directed to prepare a course for Veterinary Pharmacist/Pashudhan Prasar Adhikari so that appointments of the persons having diploma in Pharmacy may be made. The petitioner vide relief No.(iii) has sought a mandamus directing respondents to include two year diploma course of Veterinary Pharmacy as an essential qualification for appointment on the post of Veterinary Pharmacist keeping in view the government order dated 30.6.2010. A further writ of mandamus is also sought to consider the case of the petitioner for appointment on the post of Veterinary Pharmacist keeping in view his two year diploma course from Pt. Deen Dayal Upadhyay Pashu Chikitsa Vigyan Vishwavidyalaya Evam Go-Anusandhan Sansthan, Mathura. 5.Learned Standing Counsel, on the other hand, has opposed the contention and submitted that from perusal of the government order dated 30.6.2010, it is evident that there is no promise made by the State Government to appoint a person who has completed two year diploma course in Veterinary Pharmacy. It is submitted that presently, there are no service rules governing the service conditions of the Pharmacists in the Veterinary department. The appointments are being made under executive instructions. One such instruction has been issued on 14.12.2004. The selections are made under the provisions of U.P. Procedure for Direct Recruitment for Group D Posts(Outside the Purview of the Uttar Pradesh Service Commission) Rules, 2002. The appointments are being made under executive instructions. One such instruction has been issued on 14.12.2004. The selections are made under the provisions of U.P. Procedure for Direct Recruitment for Group D Posts(Outside the Purview of the Uttar Pradesh Service Commission) Rules, 2002. Earlier, the training period was for six months which has been extended vide government order dated 21.3.2005 as one year. The government order dated 30.6.2010 was issued only in order to strengthen the services of the Veterinary Pharmacists by enhancing their educational qualification. It is further submitted that the service rules governing the services of the Pharmacists are under active consideration. It is a lengthy procedure and after completing the formalities, it will be notified soon. The petitioner having diploma in Veterinary Pharmacy does not have any vested right to be appointed on the post of Veterinary Pharmacist and unless the rules governing the services of Veterinary Pharmacist are framed and notified, it is not possible to appoint the petitioner on the said post. In the supplementary counter affidavit filed on behalf of respondent No.1 in the year 2019, it has been brought to the notice of the court that draft of U.P. Veterinary Pharmacist Evam Pashudhan Prasad Adhikari Council Act, 2019 has been prepared and the file has been sent to the Law Department for approval and after getting approval from the Law Department, it shall be sent to various other departments, including Cabinet and after approval of the Cabinet and Assembly, the rules will be notified. Vide para 5 of the supplementary counter affidavit, two years additional time for finalizing necessary proceedings for enforcement of the 2019 Rules has been sought. 6.I have considered the submissions and perused the record as well as the impugned order. 7.A perusal of the record shows that the petitioner after the course in Veterinary Pharmacy was started in the university has taken admission in Veterinary Pharmacy course and passed the same. The petitioner appears to have interpreted the government order dated 30.6.2010 as if the State Government has made any promise that on the completion of diploma course by the petitioner, he will be given appointment on the post of Veterinary Pharmacist. A perusal of the government order dated 30.6.2010 shows that no such promise has been made by the State Government. A perusal of the government order dated 30.6.2010 shows that no such promise has been made by the State Government. Only a request was made to the university by the State Government to prepare a syllabus in accordance with the nature of the work being performed by the Veterinary Pharmacist/Pashudhan Prasar Adhikari and provide it to the State Government. The relevant part of said government order dated 30.6.2010 is extracted below : 8.It appears that while mis- interpreting the government order dated 30.6.2010 (supra), the petitioner has sought a mandamus seeking direction to the State Government to include two year diploma course of Veterinary Pharmacy as an essential qualification for appointment on the post of Veterinary Pharmacist and also to consider the case of the petitioner for appointment on the post of Veterinary Pharmacist considering his two year diploma course. In other words, the petitioner is seeking a writ against the State Government to legislate /enact a law on a particular subject and in a particular manner as is suited to the petitioner. Law in this regard is quite clear. No constitutional court can issue a writ of mandamus to the Legislator to enact a law on a particular subject in a particular manner as held by the Supreme Court in Supreme Court Employees' Welfare Association versus Union of India and another (1989) 4 SCC 187 , State of Jammu and Kashmir versus A.R. Zakki and others (1992) Supp(1) SCC 548, Union of India and others versus K. Pushpavanam and others 2023 LiveLaw (SC) 630 and State of U.P. and others versus Association of Retired Supreme Court and High Court Judges at Allahabad and others [2024] 1 S.C.R. 211. Thus, in view of the settled law, it cannot be said that there is any arbitrariness or illegality in the impugned order dated 14.12.2016. In the impugned order and the short counter affidavit filed by the State Government in the year 2019, already an undertaking has been given to frame Rules. The petitioner does not have any vested right for being appointed on the post of Veterinary Pharmacist which is a post of direct recruitment and as per prevailing procedure, the vacancies of Pharmacists shall be filled up according to the need of the State Government. The petitioner does not have any vested right for being appointed on the post of Veterinary Pharmacist which is a post of direct recruitment and as per prevailing procedure, the vacancies of Pharmacists shall be filled up according to the need of the State Government. However, this court being a Constitutional Court cannot issue a writ in the nature of mandamus directing the State Government to legislate and frame rules as also to include two year diploma course as an essential qualification for appointment on the post of Veterinary Pharmacist in view of the law laid down by the Supreme Court in the aforesaid cases. 9. Needless to say that the supplementary counter affidavit was filed by respondent No.1 in the year 2019. Two years time has already passed in 2021 and still the rules have not been notified. It is expected that the State Government shall abide by the undertaking given by it while filing the supplementary counter affidavit and as given in the impugned order dated 14.12.2016 (supra). 10. The writ petition, subject to above observation, is dismissed.