Response

There is no age of retirement set by the board. in ref there is a court order

The two instances of notices being sent to two south Mumbai ICSE schools, asking them to terminate the services of their principals as they were over the retirement age, have put non-state board schools in a spot.

While school managements stress that the age of principal should not matter as long as s/he is performing well, activists believe that principals in non-state board schools should not get privileges compared to teachers and principals of state board schools, where the retirement age is 58.

“The ICSE council doesn’t have a stipulated age for principal’s retirement. The rule book states that the retirement age is as per the agreement between the school management and the principal,” said Carl Laurie, principal of Christ Church High School.

He added that most national and international boards also do not have any age criteria for principals. “It is for the education department to give us a clear understanding now.”

An RTI inquiry filed by an activist had led to revelation of the age of the principals and teachers in city schools.

In January, the management of St Mary’s (ICSE) High School in Mazgaon received a letter from the south Mumbai education inspector asking them to terminate the services of the principal for being over the retirement age. Last week, the management of Cathedral and John Connon School received a similar notice.

“Most of these schools are also minority institutes and do not fall under the purview of the rules that have to be followed by other non-minority schools. But with two principals receiving the notice, other principals are worried,” said a senior educationist.

The RTI reply also revealed that besides the principals of four ICSE schools who were over the retirement age, a few teachers at a suburban school were also above the retirement age.
Education inspector B Mane told TOI that no action has been taken against the two south Mumbai schools after the notices were sent.
Last month, after the St Mary’s (ICSE) High School received the notice, three principals had visited state education minister Rajendra Darda carrying a document containing the views expressed by their students in support of them. Darda had said then that if the students are happy and the management is also commending the principal’s job, he does not see any reason why age should be a problem for principals. However, he added that the matter will have to be discussed with other senior education officials for clarity.

Reference: 3. (1) The provisions of this Act shall apply to all private schools in the
State of Maharashtra, whether receiving any grant-in-aid from the State
Government or not.
(2) Notwithstanding anything contained in sub-section (1), the provisions
of this Act shall not apply to the recruitment 1[of the Head of a minority
school and] any other persons (not exceeding three) who are employed in
such school and whose names are notified by the Management to 2[the Director
or, as the case may be,] the Deputy Director for this purpose.
4. (1) Subject to the provisions of this section, the State Government
may make rules providing for the minimum qualifications for recruitment
(including its procedure), duties, pay, allowances, post- retirement and other
benefits, and other conditions of service of employees of private schools and
for reservation of adequate number of posts for members of the backward
classes :
Provided that, neither the pay nor the rights in respect of leave of absence,
age of retirement and post-retirement benefits and other monetary benefits
of an employee in the employment of an existing private school on the
appointed date shall be varied to the disadvantage of such employee by any
such rules.
(2) Every employee of a private school shall be governed by such code of
conduct as may be prescribed. On the violation of any provision of such code
of conduct the employee shall be liable to disciplinary action after c

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