VENKATA SWAMI, J. ( 1 ) THIS appeal by the petitioner in Writ Petition No. 4193 of 1975 is directed against an order made by a learned single Judge of the Court whereby the said petition was dismissed at the stage of preliminary hearing. ( 2 ) THE material facts are few and, briefly, as follows: - the appellant has been successful in the last P. U. C. examination having secured 81. 6 per rent of marks in the subjects relevant for the purpose of seeking admission to a medical college. He applied to, respondent 2 medical college for admission on payment of an initial capitation fee of Rs. 5,020 as advertised by the said institution. The said institution being run by a private body, namely K. L. R. Society at Belgaum (hereinafter referred to as the Society), had to abide by instructions issued by the government. But as it happened instructions were issued by the government giving liberty to the management of the institution to admit a certain number of students only on payment of a capitation fee of Rs. 10,000 by candidates seeking admission. Apparently, in view of the later instruction the management of the society addressed letters by registered post to such of those candidates who had earlier sought for admission on payment of rs. 5,020, to remit by bank draft a further sum of Rs. 5,000 strictly within the time specified therein, to enable the management to consider the applications for admission. ( 3 ) IT would appear that the petitioner in an endeavour to comply with the later demand sent the necessary draft by registered post on 18-7-1975, the last day fixed for receipt of such drafts being 20-7-1975, which was a sunday. For one reason or other the said draft did not reach the management of the Society in the time stipulated. The said bank draft was returned by the management of the Society on 28-7-1975 on the ground that it had been received beyond 20th July 1975 which was the last date fixed for the purpose. The result of it was that the petitioner's application for a seat on capitation fee basis was not considered and consequently he failed to secure admission to respondent-2 college. Hence the petition under Art. 226 of the constitution for appropriate reliefs. The result of it was that the petitioner's application for a seat on capitation fee basis was not considered and consequently he failed to secure admission to respondent-2 college. Hence the petition under Art. 226 of the constitution for appropriate reliefs. ( 4 ) THE learned single Judge without going into the question of maintainability of the petition under Art 226 of the Constitution, against a private body, dismissed the petition on merits by holding that the petitioner had not fulfilled the condition relative to the remittance of Rs. 5 000 to reach the management of the Society on or before 20-7-1975 enjoined in its communication in regard to the same. Hence this appeal. ( 5 ) IN the course of the submission on behalf of the appellant, a postal receipt was brought to our notice showing that the registered cover containing the bank draft had in fact been received by the post office at Davangere, the place of residence of the candidate, on 18-7-1975, and a communication from the post office stating that the cover was tendered to the addressee only on 21-7-1975 and the same, on being redirected, was delivered to the Society only on 23-7-1975. In this state of facts, it was contended that the refusal by respondent-2 college to receive the said cover was not bona fide and at any rate the tender on 21-7-1975 was a proper one in the eye of law, having regard to the fact that the last date, namely 20-7-1975, fell on a Sunday. Support for this contention was sought from an enunciation of the Supreme Court in the case of C. P. Angadi v. Y. S. Hiriannayya, AIR 1972 SC 239 . It was, therefore, contended that the non-acceptance of the bank draft by respondent-2 college and the consequent refusal to consider the application for admission were irregular and illegal and necessary writ for the reliefs mentioned ought to issue. ( 6 ) ON behalf of respondent-2, it was contended that no writ could issue to a private body and that in any event its (respondent-2's) action was fully justified as the condition prescribed regarding the remittance of Rs. 5,000 had not been fulfilled. It was further contended that the appellant was not entitled to claim admission as of right as the whole matter was within its (respondent-2's) discretion. 5,000 had not been fulfilled. It was further contended that the appellant was not entitled to claim admission as of right as the whole matter was within its (respondent-2's) discretion. ( 7 ) IN this appeal also, we do not consider it necessary to examine the question of maintainability of the petition under Art. 226 of the Constitution, as in our opinion, the appeal should fail on merits in as much as the appellant did not fulfil the requirements in the communication of the management of the society relating to the later remittance of Rs. 5,000 towards the capitation fee. " ( 8 ) THE televant portion of the letter in point reads:"the KARNATAKA LIBERAL EDUCATION SOCIETY, belgaum. No. MDC Belgaum, 2nd July, 1975. To Shri Badrinarayan Ranganath, Davangere ref: Your application dated. . . . . for admission to the 1st mbbs at the J. N. Medical College, Belgaum, during 1975-76. Sir, with reference to the above, I am to inform you that the Govt has now raised the amount of capitation fee from Rs. 5,000 to Rs. 10,000 for admission to the 1st MBBS Class in the J. N. Medical College, Belgaum. You have already sent a D. D. for Rs. 5,000 along with your application. You are requested to send the remaining amount of Rs. 5,000 by d. D. drawn in favour of "the Chairman, Governing Body, j. N Medical College, Belgaum," towards the full payment of the capitation fee. Your D. D. should reach this office on or before the 20th July 1975. In case the D. D is not received in time your application will not be considered. " (Underlining italics is ours) it is also necesasry to set out the letter of the appellant sent in response to the above letter of the Society. It reads : "from b. Ranganath S/o M. R. Badri Narayan, clerk, Vijayalakshmi Financiers, chamarajapet, Davangere-1. To the Chairman, Governing Body, J. N. Medical College, Belgaum. REGISTERED dear Sirs, ref: Your Receipt No. 195 dt. 12-7-1975 for Rs. 5,020 towards capitation and other fees. ' your letter No. MDC/2-7-75 asking for further capitation fee. In response to your above letter, I am enclosing herein one draft bearing No. 261225/5715 dt. 18-7-75 for Rs. To the Chairman, Governing Body, J. N. Medical College, Belgaum. REGISTERED dear Sirs, ref: Your Receipt No. 195 dt. 12-7-1975 for Rs. 5,020 towards capitation and other fees. ' your letter No. MDC/2-7-75 asking for further capitation fee. In response to your above letter, I am enclosing herein one draft bearing No. 261225/5715 dt. 18-7-75 for Rs. 5,000 (Rupees Five thousand) in favour of Corporation Bank Ltd, Belgaum being the remaining capitation fee towards the application of my son B. Ranganath for admission to the 1st MBBS Class in your College. Kindly own receipt of the same and send me official receipt at your earliest and oblige. . " ( 9 ) IT is plain from the first of the above reproduced letters, that the same has been sent by the Society and not by respondent 2 College. It is also made clear that although the bank draft for Rs. 5,000 had to be drawn in favour of "the Chairman, Governing Body, J. N. Medical College, belgaum", the same had to be forwarded to the Society and not the drawee of the draft. It is also, to be seen from the letter reply of the candidate that the letter has been addressed to "the Chairman, Governing body, J. N. Medical College, Belgaum" which was plainly opposed to the instructions contained in the former letter. In this state of affairs, the society or for that matter the post office cannot be blamed for the belated delivery of the same to the Society. Therefore, if the Society did not accept the bank draft and consider the application of the appellant, it cannot reasonably be pointed that it was at fault. In this view, we do not think it necessary to examine the applicability of the decision in Angadi's case (1) to the present case. The contention must, therefore fail. ( 10 ) BUT before parting with the appeal, we would like to make only one observation. It was submitted before us that some candidates who had secured only 71 or 72 per cent in the qualifying subjects, had been admitted. The appellant has secured 81. 6 per cent. The appellant sending the bank draft for Rs. 5,000 to the address of respondent 2 instead of the society, appears to be due to a bona fide mistake. It was submitted before us that some candidates who had secured only 71 or 72 per cent in the qualifying subjects, had been admitted. The appellant has secured 81. 6 per cent. The appellant sending the bank draft for Rs. 5,000 to the address of respondent 2 instead of the society, appears to be due to a bona fide mistake. In view of these circumstances, we only hope that the appellant's case for admission will be considered sympathetically during the selection for the ensuing year, if he satisfies all the conditions in force at that time. ( 11 ) FOR the above reasons, this appeal fails and is accordingly dismissed but, without costs. --- *** --- .