Metcalf v. Cook

Bond, C. J., delivered the opinion of the Court. The question here is one of statutory construction, raised by a demand of the appellant for a writ of mandamus to compel the superintendent of schools to grant him a certificate authorizing him to teach in a high school of the State, notwithstanding a by-law of the State Board of Education limiting the issue of such certificates to those who have attained a higher rank in their own training. The appeal is from a denial of the writ upon an agreed statement of the facts, supplemented by testimony. The Code, art. 77, secs. 87 and 88, provides generally for the issue of teachers’ certificates by the state superin ⁴⁷⁷ tendent, and section 83 limits employment as a teacher to a person holding a certificate.

Section 85, subsection 5, of the article provides that a high school teacher’s certificate “may be granted to persons who are graduates of a standard college or university, or who have had the equivalent in scholastic preparation.” Section 11 of the same article directs and empowers the state board of education to “determine the educational policies of the State,” and “enact by-laws for the administration of the public school system, which when enacted and published shall have the force of law.” And in pursuance of this authority the board, on September 19th, 1930, enacted a by-law that “only such graduates as rank academically in the upper four-fifths of the Class and who make a grade of ‘C’ or better in practical teaching, shall be issued Maryland Teachers’ Certificates.” The appellant ranked only in the lowest fifth of his class, and for that reason was denied the certificate which he now seeks through the courts. He contends that the passage of the by-law was not within the authority vested in the board by the statutes. In 1927 he was awarded a scholarship to Western Maryland College, under the provision in article 77, section 243, which required that the winner of such a scholarship should give a bond to the State “that he will teach within this State for not less than two years after leaving college.” And having complied and attended the college, the appellant considers himself assured a teaching position by that provision of the statute. But we are unable to see in the requirement of a bond anything more than a measure to assure the State that it may derive so much benefit in return for its grant to the student.

It secures the benefit in case the State should want it. No assurance is given the student, and no obligation assumed by the State toward him. The provision in section 85, subsection 5, that a high school teacher’s certificate “may be granted,” to persons of the specified experience, is construed by the appellant as the equivalent of “shall be