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BERNS v. CIVIL SERV. COMMN.

October 17, 1975

Annick M. BERNS, Plaintiff,
v.
CIVIL SERVICE COMMISSION, CITY OF NEW YORK, et al., Defendants



The opinion of the court was delivered by: TENNEY

MEMORANDUM

 TENNEY, District Judge.

 This matter is brought before the Court on cross-motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons stated below, the plaintiff's motion is granted and the defendants' motion is denied.

 This is an action for declaratory and injunctive relief. Plaintiff Annick M. Berns ("Berns") alleges a deprivation of her fourteenth amendment rights to procedural due process and equal protection. The action is brought pursuant to 28 U.S.C. § 1331; 28 U.S.C. § 1343(3) & (4); 28 U.S.C. §§ 1361 and 1391; 28 U.S.C. §§ 2201 and 2202; 42 U.S.C. §§ 1981 and 1983, and Rule 57 of the Federal Rules of Civil Procedure. A recitation of the facts is essential to a proper understanding of the matters at issue.

 Plaintiff was born in France and attended school there. She attended Ecole Maternelle, the equivalent of our kindergarten, and then matriculated at Ecole-Privee De Filles, a parochial school in Paris, in 1949. In 1957, she received the Certificat d'Etudes Primaires at Ecole-Privee De Filles. Her courses at that institution included, inter alia, Algebra, Chemistry, two foreign languages (English and Spanish), Literature, Mathematics, World History, French History, and Natural Sciences (which included Botany, Music and Art). After her graduation she continued her studies at that school until 1959, taking additional academic courses. Plaintiff also attended and received a Certificate of Completion from Ecole-D'Hotesses De Paris where she completed courses in Psychology, Current Events, Current Affairs, Politics, and Poise.

 Late in 1962 plaintiff emigrated to the United States, and is now a resident of the State of New York and a citizen of the United States.

 During December of 1972, the Civil Service Commission posted a Notice of Examination for Civil Service Examination No. 2251. The Notice of Examination called for applications to be submitted from December 1, 1972 to December 29, 1972. Plaintiff made application to take the exam and applied for the position of Police Administrative Aide which was offered through the exam.

 The minimum requirements for applicants, as set forth in the Notice of Examination, are as follows:

 
"MINIMUM REQUIREMENTS: High school graduation or evidence of having passed an examination for a high school equivalency diploma or U.S. Armed Forces GED certificate with a score of at least 35 on each of the five tests and an overall score of at least 225 in the examination for the diploma or certificate; and either two years of paid full-time clerical experience, or two years of active military duty, or one year of full-time study (30 credits) in an accredited college or university, or an equivalent combination of experience and education. However, high school graduation or its equivalent as described above is required of all candidates.
 
. . .
 
"The minimum requirements must be met by the last date for the receipt of applications.
 
"All candidates who file applications will be summoned for the written test prior to the determination of whether they meet the minimum requirements. The experience papers of passing candidates only will be evaluated.
 
"From A experience paper must be filed with the application." See Defendants' Exhibit "1" appended to the Answer.

 In answer to the question in the application inquiring about the applicant's educational background, plaintiff stated that she ...


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