The formerly hirsute Mr Fergus, who is a current St John's College board of trustees member, refused to comment on the photograph.
Another former St John's student, now serving as a District Court judge in Auckland, doesn't recall hair length ever being an issue when he was at the Hastings school in the early 1970s.
Judge Russell Collins, who was at the college from 1970 to 1974 and a captain of the rugby 1st XV, told Hawke's Bay Today last night: "I think in those days it was more about sideburns. I have no recollection of hair [length] being an issue."
In yesterday's decision, Justice David Collins said it had not been possible to determine when the hair rule was first adopted by the school, but there was photographic evidence that in the "mid-1970s" there was either no rule or one which wasn't enforced.
"The photographs show many boys with hair considerably longer than Lucan's," the High Court judge said. "A number of students in these photographs have become successful members of society, including one who has recently been appointed a District Court Judge."