Anderson

Petitioner has been employed by respondents continuously since January 22, 1923, as a teacher in the day high schools of the city and county of San Francisco, and continuously since January 16, 1927, as principal of the Humboldt Evening High School. On May 4, 1932, respondent Board of Education passed a resolution purporting to dismiss petitioner from his employment as principal of the evening school, and this proceeding was instituted to compel the board to annul that resolution and to restore petitioner to his original status.

The distinction between this case and Cullen v. Board of Education et al., ante, p. 510 [ 15 Pac. (2d) 227 ], is that here the petitioner, in addition to his work as classroom teacher in the day high school, also served as principal of the evening high school, whereas, in the Cullen case the petitioner served as a classroom teacher in both schools. The failure of respondents to argue this distinction in the original presentation of this case led us to believe that they did not rely upon it until their petition for a rehearing was filed. In all other respects.the opinion in the Cullen case is determinative of the issues raised here. But it should be borne…