St Mary’s School’s response to complaint about principal serving beyond retirement age rejected

St Mary’s School in Mazagaon. File pic

The school education officer of the South Zone has rejected the response submitted by St Mary's School (ICSE), Mazagaon after an explanation was sought from the school management in connection with a complaint about the appointment of the principal, who continues to serve in the role despite exceeding the prescribed retirement age, in violation of the Maharashtra Employees of Private Schools (MEPS) (Conditions of Service) Regulation Act, 1977.

Devidas Mahajan, the education officer, has issued a stern warning, giving the school one month's time to take corrective action. Failure to comply will result in a recommendation being sent to the state school education department to revoke the school's recognition/approval.

Mahajan said, "The ICSE board itself has stated that schools must follow the rules of the state. In their reply, the school argued that the complaint was filed by a third party unrelated to the school. However, even if the complainant is a third party, the complaint was verified by my office and found to be true. Hence, we have rejected their response. We have given them time to provide a corrective action plan. Failing that, we will recommend to the state school education department that their recognition be cancelled."

Earlier action

The school education officer had earlier issued a show-cause notice to St Mary's School over allegations that its principal, Fr. Jude Fernandes, 62, continues to serve in the role despite exceeding the prescribed retirement age. The notice, dated November 29, has sparked a broader debate about adherence to retirement regulations in educational institutions and the motivations behind enforcing such rules.

Fr Fernandes, who retired as the principal of St Mary's SSC School in 2015, was reappointed as the principal of the ICSE section in 2024. The MEPS Act stipulates a retirement age of 58 for school employees, including principals. Education department officials have clarified that this regulation applies uniformly to all private schools, regardless of their board affiliation.

The complainant

The issue came to light after Nana Kute Patil, a member of the NGO Buland Chhawa, filed a complaint with the education department in December. In response, a show-cause notice was issued to the school on November 29.

"These schools 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 exemptions, citing their status as unaided private schools or non-state board institutions. However, that is not the case; state rules apply to all schools. Now, they argue that I am an outsider. Let me clarify: I am a former parent of a student at S. Mary's School. Moreover, as a social activist, I have the right to file a complaint. Who are they to question my standing?" Patil added.

Emphasising the need for uniform adherence to the MEPS Act, irrespective of a school's board or reputation, Mahajan stated, "The rules of the MEPS Act and the SS Code apply universally to all schools - whether state board, unaided, private, self-financed, or non-state board institutions."

PrincipalSpeak

Fr Fernandes said: "We did submit our reply to the education officer's letter. I have not yet received a response indicating whether our reply has been rejected or accepted. Why is this issue being given so much importance? The person raising this complaint appears to have vested interests. Such issues are often brought up by individuals with opposing views, especially 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 contributing to the school in other meaningful ways."

He added, "Our appointments are made in accordance with ICSE rules. Across the country, there are many schools 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."

58
Retirement age of all school employees stipulated by MEPS Act