BCC 540/2008

This case involved whether an individual had been unfairly discriminated against in the recruitment of a deputy prosecutor. Not just academic knowledge was taken into consideration. The individual had been seen dancing so lacked the requirement of having a good reputation.

Background

A claimant filed a case against a commission in the Ministry of Justice requesting the dismissal of Bahrain Decision No. 26/2009. The claimant said that the commission had refused to appoint him as a deputy prosecutor although he met all the conditions.

The court ruled that the decision should be dismissed.

The commission appealed the ruling before the court of appeal. The court dismissed the appealed ruling and dismissed the case.

Decision

The claimant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. It was said that the court established its ruling based on the argument that the scientific competence was not the only requirement for filling the position although the commission had appointed some people that they failed to meet the requirements.