Justice Vikramjit Sen deferred the hearing on the petition to December 20 as senior advocate Gopal Subramaniam was not available to argue the case.

The petition filed by Yadav's counsel Deepak Thakur said that the government could not pass any order for his retirement as the power in this regard were vested in a collegium headed by the Vice President of India, which had made appointments to the Board under the Act.

Apart from this, the government on April one this year had issued an order providing for retirement of two-third members by draw of lots. Despite this the government on November 22 ordered his and noted historian Romila Thapar's retirement from the board, Yadav said in his plea. However, Thapar has not become party to the petition.

The petitioner said the Prasar Bharati Act provides that people with eminence in public life should be elected to the board but the retirement order said those having experience, expertise, background and contribution for effective and better working of the board would be its members. This went entirely against the provisions of the Act, he claimed.

Asking the court to quash the order, Yadav said it violated Article 21 of the Constitution which lays down the principle that the statutory power should only be used by the authority to which it is delegated.