McKenzie v. Board of Education

COOPER, J.

This was an application by respondent as petitioner to the superior court for a writ of

certiorari,

for the purpose of vacating and annulling an order or resolution made by defendants in their official capacity as the hoard of education of the city and county of San Francisco, dismissing the petitioner from her position as teacher in the school

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department of the public schools of said city and county. The appellants, having made a return to the writ setting forth the procedings in full, the court, upon motion of petitioner, made an order granting the writ as prayed, and judgment was accordingly entered. This appeal is from the judgment.

The writ of

certiorari

will only be granted when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer, and there is no appeal nor, in the judgment of the court, any plain, speedy, and adequate remedy. It cannot be extended further than to determine whether the inferior tribunal, board, or officer has regularly pursued the authority of such tribunal, board, or officer. It is not a writ of error. Its purpose is not to consider errors or irregularities committed in the exercise of an admitted jurisdiction, nor to correct mistakes of law in conducting a proceeding of which the inferior tribunal, board, or officer had jurisdiction. Nor can it be used for the purpose of determining whether or not the evidence was sufficient to support the particular order, resolution or matter complained of, provided the law and the machinery employed were such as to give the inferior tribunal jurisdiction.

In this case the defendants as a board of education heard and determined charges against the petitioner in regard to her unfitness to teach. They had jurisdiction to hear and determine said charges if properly made (Pol. Code, secs. 1791, 1793;

Kennedy

v.

Board of Education,