JUDGMENT

THOMMEN.J :— This appeal by special leave is against the Order of the Allahabad High Court , Lucknow Bench, in C.M. Application No. 17984(W) of 1989 in Writ Petition No. 5400 of 1989. The application for clarification and modification of the judgment in the writ petition was filed in the High Court by the appellant, though not a party to that proceeding, on the ground that he was adversely affected by it.

2. The appellant was nominated by the State of Himachal Pradesh to undergo the B.D.S. course in the State of Uttar Pradesh. The appellant successfully completed his course of studies in Uttar Pradesh and secured the B.D.S. degree. For that purpose he had stayed in that State for over a period of five years. He later applied for admission to the M.D.S. course at King George Medical College, Lucknow. He secured admission to the course, but in a subject other than that of his choice. The subject of his choice was Oral Surgery, but what was offered to him was Periodontics. The reason for denying the appellant the subject of his choice was that he had to step down in favour of others who had come within the rule of preference as per the Notification dated August 19, 1983 issued