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THE STATE, EX REL. BAKER, APPELLANT v. WICHERT, MAYOR, ET AL., APPELLEES.

Civil service — Examination necessary prerequisite to standing in classified service — Person employed without examination, later discharged — Mandamus not available for restoration to position.

Per Curiam.

A person who has never taken a civil service examination, either competitive or noncompetitive, has no standing as a civil service employee and is not entitled to the benefits and protection of the civil service law. Relatrix has not established a clear legal right to a writ of mandamus requiring restoration to her former position. State, ex rel. Lynch, v. Taylor, Dir., 136 Ohio St. 417, 26 N.E.2d 207.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

WEYGANDT, C.J., MIDDLETON, TAFT, MATTHIAS, HART, ZIMMERMAN and STEWART, JJ., concur.

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STATE EX REL. v. WICHERT
(Feb 25, 1953)