Kuwait Court of Cassation principle number 539

Ascertaining the true nature of the challenged decision and assigning it the correct characterization. Within the authority of the court of merits, without review. The condition for that: basing its judgment on sound reasons leading to the conclusion it reached. - A candidate selected for a study scholarship who has no acceptance for postgraduate studies may be appointed as a scientific assistant for one year. His selection for a study scholarship while having acceptance for postgraduate studies at an accredited university, according to the recommendation of both the academic department and the competent college. He is appointed as a teaching assistant scholarship member after approval of the recommendation by the General Scholarships Committee. Articles 4, 7, 9, 11, 12 of the Regulations Governing the Dispatch of University Teaching Assistants on Scholarships. - The university’s refusal to issue a decision concerning the dispatch of the female appellant as a scholarship member to study abroad pursuant to the notification of the Scholarships Committee constitutes a negative decision that may be challenged before the competent Administrative Circuit - 140 - Administrative. The challenged judgment’s departure from this view vitiates it by contravention of the law and requires its cassation. 2- The constitutive administrative decision and the implementing decision:-