Winnek

The plaintiff, who is the holder of a diploma of graduation from a normal school of this state, applied to the board of education of San Diego county for a teacher’s certificate of the grammar grade, and her application was refused by the board. She thereupon filed her petition in the superior court praying for a writ of mandate requiring said board to issue to her a certificate of the grammar grade as a teacher in said county. A general demurrer to her petition was sustained by the court without leave to amend, and judgment was thereupon entered dismissing her petition. This appeal is from said judgment.

The refusal of the board to grant the certificate was based upon one of the rules of said board, which reads as follows: “Rule 4. No certificate higher than primary grade will be issued to any applicant who has not had two years’ experience in teaching in the public schools; provided, that holders of state normal school diplomas, or Leland Stanford, Jr., diplomas, shall be required to have but one year’s experience.”

Appellant bases her right to said certificate upon section 1503 of the Political Code as amended in 1893 (Stats. 1893, p. 267), the first and second subdivisions…