A division bench here comprising Chief Justice D Y Chandrachud and Justice D K Upadhaya passed this order on a PIL filed by local lawyer Ashok Pandey.
The petitioner challenged the appointment claiming Chief Minister Akhilesh Yadav was not consulted on the issue.
While citing the recommendation of the Sarkaria Commission report relating to Centre-State relations as well as the debate of the constituent assembly on May 31, 1949, the petitioner contended that Yadav was not consulted before the appointment of Naik.
The court after preliminary hearing dismissed the PIL saying that there is no merit.
Naik is slated to take oath here tomorrow.