Paule

The issue presented on this appeal from a judgment denying a peremptory writ of mandate, which was heard on pleadings, declarations and a stipulation, is whether the State Personnel Board (Board) under its enabling statutes has discretion to authorize promotional examinations within a given department to the exclusion of other state employees who are not members of the department in which the promotion is to be made.

Respondent Board announced a departmental promotional examination in the Department of Water Resources (Resources) for Staff Counsel III but Resources limited it to eligible members of Resources.

*34 It was stipulated that Leon S. Paule (appellant) is an attorney holding the position of Staff Counsel I with the state Department of Real Estate; fulfilled the qualifications for Staff Counsel III open in Resources; and that he properly applied and was not permitted to take the examination for the sole reason that he was not employed by Resources.

Appellant, citing article XXIV, section 1, subdivision (b) of the state Constitution and Government Code, section 18951, in three causes of action challenges the authority of Board to restrict civil service…