Kuwait Court of Cassation principle number 993

Obtaining the higher qualification in the specialization is not, alone, a sufficient condition for appointment to the position of assistant professor. The remaining prescribed conditions must be fulfilled, including the passage of at least four years at the Institute preceding his holding the position of lecturer. Articles 14, 15, 16, 18 of the Internal Regulations of the Higher Institute of Dramatic Arts issued by Ministerial Decision No. 5 of 1981. - The period required for confirmation of teaching staff pursuant to the rules for placement of faculty members in service in 1997 at the Higher Institute of Dramatic Arts. - The meaning of practising the specialization. Teaching specialized subjects at the Institute, not the commencement of appointment. - The challenged judgment's conclusion that the position to which the appellant seeks to change his job title can only be filled through appointment after fulfilment of the legally prescribed conditions, and that appointment to public positions is a matter of expediency assessed by the administrative authority in accordance with the public interest and the proper functioning of the public service, and its ruling that the action was inadmissible on the ground that the administrative authority's refusal to grant the request does not constitute a negative decision susceptible to challenge by annulment, accord with the correct law. This is not altered by what the appellant raised concerning equality with others who had been promoted. The reason therefor. - 298 - Administrative