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.

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.