Kuwait Court of Cassation principle number 263

Promotion by selection. The general rule is that it is a matter of expediency within the administration’s discretion. Condition thereof. Its assessment must not be tainted by abuse of power, and it must have based its selection on sound elements leading to the correctness of the result it reached. Contravention thereof. Its effect. Invalidity of the selection and consequently invalidity of the decision taken on its basis. - Promotion by selection. Its natural limit is the equitable principle that the more senior may not be passed over in favor of the more junior unless the latter is more competent; where competence is equal, the more senior is promoted, otherwise the decision is contrary to law. Example. - 76 - Administrative