Eistrat

Petitioner appeals from a superior court judgment denying him a writ of mandate. The writ is sought for the purpose of compelling respondents to reinstate petitioner to a promotional examination from which he had been disqualified for the alleged reason that he refused to stop marking his answer sheet after time had been called. The petitioner also seeks an order requiring the respondents “to strike the whole and every part of the written tests heretofore held for said examination from any consideration as part of the promotional examination aforesaid for Mechanical Engineer.”

*31 Petitioner took the written portion oí a promotional examination for mechanical engineer on March 7, 1959. Following the examination, the general manager of the civil service department sent a report to the respondent board the last two paragraphs of which read as follows: “Thomas Eistrat took the written test for Mechanical Engineer at Hollywood High School on Saturday, March 7, 1959. His identification number was 843. The Proctor Report in the morning session of the examination indicates that ‘Candidate 843 continued to mark his answer sheet after time was called. Questions 29 through 35 were marked.…