PATHERYA, J.

1. THE petitioner seeks to challenge the residence criteria in the advertisement dated 6th August, 2008 for appointment of Auxiliary Nurse-cum- Midwife as ultra-vires the Constitution of India.

2. THE case of the petitioner is that one of the criteria for appointment of Auxiliary Nurse cum Midwife (ANM) is that the applicant has to be local resident of the Health Sub-Center. The said criteria is hit by Articles 14, 15 and 16 of the Constitution of India. Article 16(3) of the Constitution of India postulates enactment of legislation and no restriction can be imposed by a mere notification. The notification dated 5th September, 2006 has been issued by the State and incorporates the criteria of local resident. This cannot be found in the National Rural Health Mission Scheme, (Scheme) which has been introduced by the Central Government. As the State notification is de-hors an enactment, the same is violative of the Constitution of India and liable to be set aside. Reliance is placed on AIR 2002 SC 2897, AIR 1970 SC 422, 2002 (6) SCC 562. Section 16(1) of the Constitution of India has granted equality for "employment" and "appointment" to any office under the State.