Kuwait Court of Cassation principle number 1717

Placement in positions. What is meant thereby: placing an employee in the position consistent with his qualifications and previous experience in accordance with the legal conditions and rules governing his situation or those laid down by the administrative authority within the scope of its discretionary power. The legal status for occupying the position to which the employee is transferred or in which he is placed is not attained unless he satisfies its conditions and requirements. Reason therefor: respect for the principle of equality in occupying a position. What this principle requires. - The administrative authority is not obliged to adopt a particular decision by analogy with an erroneous decision it previously issued for others. Reason therefor: it is not permissible to rely on a defective decision when issuing another decision, and violation of the law does not justify persistence therein, as this is incompatible with the proper functioning of administration and the principle of legality. - The court of merits may ascertain and understand the facts of the case, assess the evidence submitted to it, weigh it, and give preference to what it finds reliable. - 494 - Administrative Elections