Kuwait Court of Cassation principle number 941

Promotion by selection. The general rule is that it is a matter of expediency within the administration's discretion. The condition for this. Its assessment must not be tainted by abuse of power, and its selection must have been derived from sound elements leading to the correctness of the conclusion it 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 equitable principle that 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, otherwise the decision is contrary to law. Example.