MR. JUSTICE JACKSON delivered the opinion of the court. THIS case is a corollary of McDevitt v. Corfman, 108 Colo. 571, 120 P.2d 963. In that case we affirmed the action of the district court of Jefferson county in granting a mandamus against the members of the Colorado State Civil Service Commission in favor of three petitioners seeking restoration to positions under state civil service, all of whom were employees of the State Industrial School for boys at Golden.
[2-4] As we already have indicated, Schmidt's rank was 31 and his grade 4. Under the Constitution, a promotion is invalid without a competitive test, in which "the person ascertained to be the most fit and of the highest excellence" is entitled to appointment, notwithstanding any rule to the contrary. Rules which are inconsistent with the express provisions of article XII, section 13, are void and of no effect. McDevitt v. Corfman, 108 Colo. 571, 120 P.2d 963. In the latter case we held a civil service rule invalid which permitted the appointing power to summarily discharge a person in the classified civil service within the so-called probation period after the employee had been certified under competitive examination.
[1] A permanently certified employee under civil service may be removed or disciplined only upon written charges and hearing. McDevitt v. Corfman, 108 Colo. 571, 120 P.2d 963; Benson v. People ex rel. McClelland, 10 Colo. App. 175, 50 P. 212. [2] The only charge against plaintiff which the Commission could consider was the one set out in the bill of particulars.