Kuwait Court of Cassation principle number 149

The administrative decision. Its nature. That by which the administration expresses its binding will through its authority under laws and regulations, with the intention of producing a particular legal effect whenever legally possible and permissible and motivated by a public interest. - The elements of an administrative decision. What they are. - The administrative decision. Cases of its invalidity. - A procedure prescribed in the public interest. Acceptance by the individuals concerned or their failure to raise it does not cure it. - A college student’s failure to attain the required average. The college must notify him in writing of his placement on the warning list for the overall average. The reason: so that he seeks to raise the average during the following two semesters, failing which he is dismissed. The college’s omission thereof. Its effect. Defeating a substantial interest that the legislature intended and wished to secure for such a student. Its necessary consequence. Invalidity of the subsequent dismissal decision.