MANDAMUS, § 64 — unreasonableness of rule barring graduate of European medical school from examination for license. In mandamus proceeding by graduate of European medical school (who had declared intention to become American citizen) to compel department of registration and education to admit him to examination for Illinois medical license, where it appeared school was accredited at time of petitioner's graduation in 1938 and also during 1939 and 1940, but that recognition was withdrawn from all European medical schools in 1941, and in 1942 rule of department was made retroactive so as to exclude from licensing all graduates of European medical schools subsequent to July 1936, where it appeared that petitioner was otherwise qualified and that classmate of his was licensed to practice medicine in Illinois upon examination in 1940, and that school in question was in country that remained independent until subsequent to petitioner's graduation, so that department had full opportunity to investigate and withdraw recognition if school had become substandard, but did not do so and continued to recognize said school as accredited until 1941, held that retroactive rule of department was arbitrary and unreasonable, since it would compel petitioner to repeat entire four-year medical course he had already taken in a school accredited at time of his attendance, and therefore, mandamus should issue to compel petitioner's admission to examination.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE FRIEND.
Not to be published in full. Opinion filed May 29, 1945; released for publication June 14, 1945.