Retire your over-aged principal: St Mary's in Mazgaon gets notice

The St Mary’s High School ICSE section at Mazagaon. File pic

The school education officer of Mumbai South Zone has issued a show-cause notice to St Mary's High School (ICSE), Mazagaon, over allegations that its principal, Fr Jude Fernandes, 62, continues to serve in the role despite exceeding the prescribed retirement age which is 58 years. The notice has sparked a widespread debate about adherence to retirement regulations in educational institutions and the motivations behind such enforcement.

Fr Fernandes, who previously retired as principal of St Mary's High School (SSC) in 2015, was appointed as the principal of the ICSE section in 2024. The move, now under scrutiny, raises questions about compliance with the Maharashtra Employees of Private Schools (MEPS) (conditions of service) Regulation Act, 1977, which mandates a retirement age of 58 for school employees, including principals. Education department officials have clarified that this regulation applies universally to all private schools, irrespective of their board affiliation. The school authorities have been asked to respond to the notice, clarifying the circumstances under which Fr Fernandes continues to hold the position.

Highlighting the issue

The issue came to light after Nana Kute Patil, from the NGO Buland Chhawa, filed a complaint with the education department last month. In response, a show-cause notice was issued to the school on November 29. "These schools are repeat offenders and show no regard for the state's rules. If they are operating within the state, they are obligated to follow its regulations," Patil said. "They often claim exemption by citing their status as unaided private schools or non-state board institutions. However, that is not the case - state rules apply to all schools. The only difference is in the syllabus and curriculum they follow," Patil added.

Parents against decision

Education officer of South Zone Devidas Mahajan said that the school must relieve Fr Fernandes from the post with immediate effect or face action. Meanwhile, a parent, whose child is studying at the school, said, "It is likely that there are many schools in the city where principals and headmasters are over the age of 58. However, the education department has issued a notice only to St Mary's school. This move seems to reflect some vested interests. All the parents of students studying at the school support Fr Fernandes."

Another parent commented that the age of a principal or headmaster should not be the primary criterion for their appointment. "What matters most are the qualifications and experience of the candidate, not the age. Fr Fernandes is an outstanding educationist and an exceptional principal," the parent added.

Official Speak

According to the school education department officials, Section 3(1) of the MEPS Act is applicable to all private schools, including those following the CBSE, ICSE, IB or IGCSE boards. As per the rules, an employee of a private school must retire after 58.

Emphasising uniform adherence to the MEPS Act, irrespective of the school board or institution's reputation, education officer Devidas Mahajan said, "The rules of the MEPS Act and SS Code apply universally to all schools - whether state board, unaided, private, self-financed, or non-state board institutions. St Mary's, being an old and reputed school, is no exception. When schools obtain an NOC from the state government, it is clearly stipulated that they must adhere to the MEPS Act, which sets the retirement age for teachers and principals at 58. Principals of both state and non-state board schools are required to retire at this age, and retaining anyone beyond it renders all decisions or orders passed by them invalid.

In this case, the complainant provided an ICSE directive that clearly states schools must comply with the laws of the state they operate in. Based on this, we have issued a show-cause notice to the school, seeking an explanation. If schools fail to comply despite warnings, we typically recommend to the state government the cancellation of their NOC and recognition." Following the development, education inspectors across the city are planning to initiate a drive to check the age, education qualifications and years of experience of all school principals in their respective zones.

Not the first time…

This is not the first time that the education department has warned St Mary's school. In 2013, the principal of the school was Fr. Kenneth Misquitta who was 68 at the time. Management was asked to relieve him of the post. Misquitta served as the principal of the school up to 2015.

Headmaster Speak

St Mary's ICSE principal, Fr. Fernandes, said, "Our appointments are made in accordance with ICSE rules. There are many schools, not just in Mumbai or Maharashtra but across the country, where principals or teachers are retained or appointed even after retirement age. These are management decisions made in the larger interest of the school and its students. If the management believes a person can continue contributing post-retirement, my case is not unique."

Addressing the issue of the show-cause notice, he added, "Such issues are often brought up by individuals with opposing views or vested interests, particularly during crucial times like the admission season. If required, I am more than willing to step down. This role is not about personal gain for me - I can continue to contribute to the school in other meaningful ways as well."