State ex rel. Campbell v. Municipal Civil Service Commission

The central, issue in the: instant cause is whether the commission was under a clear legal duty to *116certify the relator’s name to the appointing officer on the basis of test results achieved on the first promotional examination. See paragraph one of the syllabus in State, ex rel. Pressley, v. Indus. Comm. (1967), 11 Ohio St. 2d 141.

Under R. C. 124.40, it is expressly provided that the municipal civil service commission shall conduct promotional examinations in accordance with the provisions of R C. Chapter 124. R. C. 124.44 provides that “* * * [n]o position above the rank of patrolman in a…