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WILLIAMS v. DEPT. OF CIVIL SERVICE, N.J.

83 N.J. Super. 380 (1964)

200 A.2d 129

WILLIAM H. WILLIAMS, WILLIAM J. CONBOY, LOUIS A. CAPAWANA, APPELLANTS, v. DEPARTMENT OF CIVIL SERVICE OF THE STATE OF NEW JERSEY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 1964.

Attorney(s) appearing for the Case

Mr. William J. Gearty argued the cause for appellants (Mr. Thomas E. Durkin, Jr., attorney).

Miss Marilyn H. Loftus, Deputy Attorney General, argued the cause for defendant (Mr. Arthur J. Sills, Attorney General, attorney).

Before Judges GAULKIN, FOLEY and LEWIS.

PER CURIAM.

The notice of examination stated that "candidates must obtain a rating of 70, as determined by statistical methods * * *." The "statistical methods" were not defined. Therefore, appellants cannot argue that they were assured that all would pass who answered 70% of the questions correctly.

The use of the flexible passing point system was approved in Kelly v. Civil Service Commission, 37 N.J. 450 (1962). Appellants...

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