In April last year, the government had appointed Dr Behera to the post.
Justice B R Sarangi passed the interim order and issued notices to Dr Behera and to the state government to file their respective counters.
The High Court fixed March 1 next for further hearing on the petition.
The petitioner K Ananda of Ganjam district was one among the 21 aspirants who applied for the post.
However, a search committee had zeroed in on three candidates (other than the petitioner) and the office of the Chief Minister selected Dr Behera for the post.