Kuwait Court of Cassation principle number 252

Promotion of an employee by selection. A right of the administrative authority within the limits of its power. Its condition. Its conduct must not be tainted by the defect of abuse of power, and its selection must derive from sound elements leading to the correctness of the outcome it reached. Contravention thereof. Its effect. The invalidity of its decision. - Promotion by selection. Its natural limit. Its nature. A senior employee may not be passed over in favor of a junior employee unless the latter is more competent; where competence is equal, the senior employee is promoted. - The criterion for comparison between candidates for promotion by selection is the competence rating, not the numerical scores obtained by each within the same competence rating. - The administration’s disclosure of the reasons that prompted it to prefer those it promoted. Those reasons are subject to review by the judiciary. - 73 - Administrative