The bench of Chief Justice S A Bobde and Justice K K Trivedi also issued notices to the Union Ministry of Environment and Forests, the principal secretary of State Housing and Environment Department, and Amar Singh.
Right to Information activist Ajay Dubey has filed a petition contending that Singh's appointment is "illegal" and "unconstitutional", and appeared to be made through the "backdoor" as no advertisement was issued for the post.
Dubey has also said that Mallaiya must be made a party in the case as he had played important role in the appointment of Amar Singh in November last year.