Kuwait Court of Cassation principle number 233

Placement in posts. Its meaning: placing the employee in the post compatible 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 its discretionary power. The legal status for occupying the post to which the employee is transferred or in which he is placed is not established unless he satisfies its conditions and requirements. The reason: respect for the rule of equality in occupying posts. What this rule requires. - The administrative authority is not obliged to take a particular decision by analogy with an erroneous decision it previously issued for others. The reason: reliance on a defective decision when issuing another decision is impermissible, and a violation of the law does not justify persistence therein, as this is contrary to the proper functioning of the administration and the principle of legality.