IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10535 of 2010 1. DINESHWAR SAH S/O LATE RAM CHANDRA SAH R/O VILL.- RAHIMPUR RAKSHA, P.S.- SAKRA, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES AND DEVELOPMENT, BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR 5. THE BLOCK EDUCATION EXTENSION OFFICER, SAKRA, MUZAFFARPUR 6. THE MUKHIYA, GRAM PANCHAYAT RAJ SIRAJABD, SAKRA, MUZAFFARPUR 7. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ SIRAJABAD, SAKRA 8. THE HEADMASTER, EXTENDED MIDDLE SCHOOL, MANOHAR PATTI SAKRA, MUZAFFARPUR ----------- 02. 9.3.2011 The technicality as to who shall exercise authority for removal of the petitioner from the post of Panchayat Teacher or Panchayat Shiksha Mitra is of no relevance specially in the admitted position that petitioner has a degree of Hindi Sahitya Sammelan, Allahabad, which is not a recognized or valid piece of degree for appointment to the post. Since the basic eligibility is missing and if due to some confusion prevailing at the relevant time with regard to the validity of such degrees, any appointment was made initially it does not create a right in favour of the petitioner because absence of basic eligibility goes to the root of such matter and removal of petitioner on that ground cannot be interfered with. The writ application has no merit. It is dismissed. rkp (Ajay Kumar Tripathi,J.)