Kuwait Court of Cassation principle number 566

Promotion by selection. The general rule is that it is a matter of expediency in which the administration has discretion. The condition for this. Its assessment must not be tainted by abuse of power, and its selection must be derived from valid elements leading to the correctness of the conclusion reached. Contravention of this. Its effect. Invalidity of the selection and, consequently, invalidity of the decision taken on its basis. - Promotion by selection. Its natural limit is the just principle that a more senior employee may not be passed over in favour of a more junior employee unless the latter is more competent; where competence is equal, the more senior employee is promoted, otherwise the decision contravenes the law. Example. - 147 - Administrative