Issuing notice to the Ministry of Human Resource Development (HRD) and the University Grants Commission (UGC), a bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw sought their replies within three weeks.
The petition for filling the UGC chairman's post was filed by former Professor C S Kalra, who said the UGC's posts of the secretary and the financial adviser too are vacant since 2005 and alleged the government was deliberately delaying the recruitment.
Kalra also questioned the continuation of UGC Vice Chairman Ved Prakash, presently the UGC's acting chairman, beyond three years in violation of the UGC Act.
"A major fraud has been perpetrated on the system by first selecting Prof Ved Prakash as UGC vice-chairman from March 3, 2009 without giving any advertisement for the post.
"The procedure laid down under the UGC Act was not followed for further appointment of Prakash," Kalra has said in his plea.
He also questioned the HRD ministry's decision to allow Prof Ved Prakash to continue beyond the prescribed term for three years which ended on March 2, 2012.
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The petitioner also alleged that the ministry, instead of recruiting UGC chairman, allowed Ved Prakash to continue as its acting chairman for more than 14 months which, he said, is illegal.
The government counsel, however, said in order to maintain continuity, Sharma was given further appointment.