A division bench of Chief Justice Mohit Shah and Justice A V Mohta dismissed the petition filed by Right to Information activists - Krishna Rao and Sulaiman Bhimani - terming Gaikwad's appointment as "self appointment" and seeking his removal.
According to the petition, Gaikwad was part of the selection and appointment machinery and also there was conflict of interest as he, being a former government official, would hear cases pertaining to the government.
Advocate General Darius Khambata, however, opposed the petition on the ground that no rule barred a retired government servant from being posted as information commissioner.
Accepting the argument of the state government, the high court dismissed the petition.