S. B. SINHA, CJ. ( 1 ) WRIT Appeal No. 880 of 2001 is directed against a judgment dated 14-3-2001 passed by a learned single Judge in Writ Petition No. 22704 of 2000 whereby and whereunder the writ petition filed by the appellant was disposed of directing. "consequently, the respondents are directed to declare the results of the examinations held in July/august, 2000, without insisting that each of the candidates should secure minimum of 50% in internal as well as the external examinations. The results shall be declared on the basis of the aggregate marks secured by each of the candidates in both internal and external examinations. " ( 2 ) WRIT Appeal No. 951 of 2001 is directed against an interim order dated 26-4-2001 passed by a learned single Judge in WP No. 7848 of 2001 directing the respondents therein to promote the students those who have secured 50% marks in internal and external examinations of theory in aggregate to the second year General nursing Midwifery Course and such promotion shall be subject to further orders to be passed in the writ petition. ( 3 ) WRIT Petition No. 13128 of 2001 is filed by the Andhra Pradesh Nursing Schools management Association to direct the respondents to take a decision with regard to the marking pattern of the examinations before conducting the fresh examinations in view of the judgment of this Court and the orders of the Government by declaring the action of the respondents in not doing so as illegal. ( 4 ) BRIEF facts of the matters are that the appellant-Council by its resolution dated 21-9-1990 decided that the candidates of anm/gnm course have to pass both the internal assessment and the theory examination conducted by the Council/board separately. The regulation provides that the pass marks on the aggregate are 50%. The grievance of the writ petitioners-nursing schools is that the candidates are being insisted to secure minimum of 50% of marks both in external and internal examinations inasmuch as the State Government had earlier directed the 2nd respondent to declare that the candidates, who got 50% aggregate in both internal and external examinations, have been duly passed in the examinations. ( 5 ) THE question, which arises for consideration, is as to whether the syllabus was made in terms of the regulation or not. ( 5 ) THE question, which arises for consideration, is as to whether the syllabus was made in terms of the regulation or not. The Indian Nursing Council Act, 1947, being act No. 48 of 1947, was enacted to establish a uniform standard of training for nurses midwives and health visitors. Section 16 of the Act provides for the regulation making power. Clause (i) of sub-section (1) thereof reads thus:"prescribing the standards of examination and other requirements to be satisfied to secure for qualifications recognition under this Act". ( 6 ) PURSUANT to and in furtherance thereof, regulations known as indian Nursing council Regulations were made. The syllabi and Regulation for the Courses in general Nursing Midwifery, as revised in 1986, show that the same is not a part of the statutory regulation. The syllabi, therefore, was not prescribed pursuant to the regulations. It appears from the Syllabi and Regulation for the Courses in General nursing Midwifery issued by the Indian nursing Council that in he year 1951 a special Sub-Committee of the Council was appointed in 1949 to study the syllabus for general Nursing and Midwifery as recommended by the Health Survey and development Committee. The Sub- committee submitted its report to the council in 1951 when the syllabus with amendments was approved. In the year 1953 a Guide for Teachers and Examiners in relation to health subject was approved by the Council in 1953, which was included in the publication containing the Syllabus and Regulations. In the year 1954 the council recommended to the States that the public health should be integrated into the basic nursing course. In 1956 the minimum requirements to be fulfilled by a training Institution offering this type of course were added to the Regulations. In the year 1956 a resolution was sent by the florence Nightingale Committee of the trained Nurses Association of India to the Council, recommending the preparation of a curriculum guide to the General nursing and Midwifery Syllabus. The said recommendation was accepted by the council in 1957. In 1963 the Syllabi was revised whereafter the Council had set up a project with the technical assistance of the World Health Organisation for the preparation of a Guide for Schools of nursing in India. In 1982, the syallbi were revised for the second time. The said recommendation was accepted by the council in 1957. In 1963 the Syllabi was revised whereafter the Council had set up a project with the technical assistance of the World Health Organisation for the preparation of a Guide for Schools of nursing in India. In 1982, the syallbi were revised for the second time. ( 7 ) THE instructions issued, which were subject-matter of the writ petition, were therefore not a part of syllabi. Such instructions had been issued with an object to see that a candidate should have a sound practical and theoretical knowledge in the subject taught. ( 8 ) THE learned single Judge opined:"the object sought to be achieved may be a laudable one but the same is not supported by the Regulations framed by the very Council prescribing the syllabi for the Courses in General Nursing and midwifery and the scheme of examinations. In the circumstances, i find it difficult to sustain the action of the respondents in insisting that a candidate should secure a minimum of 50% of marks in internal as well as the external examinations. The action of the respondents is accordingly declared illegal. " ( 9 ) THE judgment, therefore, proceeded on the basis that the syllabi were prescribed under the regulation making power. If the syllabi were not prescribed under the regulation making power, the appellant- council was entitled to amend the same by reason of executive instruction. If syllabi were revised and prepared in terms of executive instruction, the same could also be revised by executive instructions. If no statute or statutory rules operate in the field, it is trite that such power can be exercised by reason of an executive instruction. It may be true that such a power should have ordinarily been exercised in terms of the regulation making power. It further appears that such courses of studies are intended to be included made a part of the regulations wherefor and in relation thereto the matter is pending before the Parliament. A regulation made by the appellant-Council in exercise of its power under Section 16 of the Act can only be amended in exercise of the same power. But there is no gainsaying that if the syllabi had not been prescribed in terms of the regulation making power, an amendment made thereto is permissible under the same power. A regulation made by the appellant-Council in exercise of its power under Section 16 of the Act can only be amended in exercise of the same power. But there is no gainsaying that if the syllabi had not been prescribed in terms of the regulation making power, an amendment made thereto is permissible under the same power. The learned Counsel for the parties, it appears, were remiss in bringing the matter to the notice of the learned single Judge. ( 10 ) FOR the reasons of aforementioned, the impugned order cannot be sustained, which is set aside accordingly. However, having regard to the fact that the direction of the appellant-Council has not been adhered to for reasons best known to the State council for a long time, we would observe that if there exists any power to relaxation, such power should be exercised and results may be published. In any event, it will be desirable to hold a special examination. Writ Appeal No. 880 of 2001 is allowed and writ Appeal No. 951 and WP No. 13128 of 2001 are disposed of accordingly. No order as to costs.