The petition came up for hearing before a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar which said the matter would be heard by a single judge.
The court listed for September 22 for an appropriate bench.
The plea, filed by an association of school vendors and two parents, also sought setting aside of a July 7 order by CBSE rejecting the representation made by the association.
The petitioners were earlier directed by a single judge to make a representation before the CBSE.
After the representation, CBSE passed an order stating that the board had not barred the petitioners from engaging in any business outside the school and that it has not issued any circular prohibiting vendors to sell books, uniforms outside school building.
It had also said that the focus of school should be for furthering education and not engage in any commercial activities.