1                                                                     	SpotLaw  	 	
 
South Indian Education Society	 	
v.	 	
Nirmal Narayana P.	 & Others	 	
Y.K. SABHARWAL and D.M. DHARMADHIKARI,JJ.,	 	
(Supreme Court Of India)	 	
Special Leave to Petition (Civil) No. 15699	-700 Of 2004 | 05	-08	-2004	 	
 
1. Taken on board.	 	
 
2. Leave granted.	 	
 
3. Mr. C.M. Shroof, Advocate, takes notice for respondents 1 and 2 in appeal 
arising out of SLP (C) No. 15699 of	 2004 and for respondent 1 in appeal arising 	
out of SLP (C) No. 15700 of 2004. Other respondents shall be served.	 	
 
4. By the impugned judgment, the High Court of Bombay has directed the 
appellant to refund the fee that was collected by it from merit category students 
in excess of Rs. 15,000/	- (Rupees fifteen thousand) in respect of the admissions 	
in the academic year 2	002	-2003. The direction for refund is not confined to the 	
writ petitioners but to all other similarly situated students. The question is 
regarding interim orders that may be made pending decision of the appeals.	 	
 
5. Mr. Rohatgi, learned Senior Counsel appe	aring for the appellant submits that 	
without prejudice to the rights and contentions, which are the subject	-matter of 	
these appeals, the appellant would file in this Court an affidavit giving 
undertaking that in case the appeals are dismissed and the judgm	ent of the High 	
Court is upheld, the amount directed to be refunded by the High Court would be 
refunded to the students soon after the decision of this Court with such interest 
as this Court may direct. Having heard learned Counsel for the parties, we are 	of 	
the view that, as interim measure, the interests of justice would be met if, 
instead of making refund to the students or their parents in terms of the 
impugned judgment, an undertaking is given by the appellant as suggested by 
learned Counsel.

2                                                                     	SpotLaw  	 	
 
 
6. In ad	dition, we direct that for the next academic year (2004	-2005), the 	
appellant shall not charge any amount in excess of Rs. 15,000/	- (Rupees fifteen 	
thousand) and further the said amount should not be recovered from the students 
and shall be adjusted from th	e amount in respect whereof undertaking is being 	
given pursuant to this order, subject to the student or the parent of the student 
giving an undertaking to the college that in case the judgment of the High Court 
is reversed, payment as directed by this Cou	rt would be made to the appellant.	 	
 
7. The undertaking by the appellant shall be filed within two weeks.