S. No. Writ No. Decision/ Order Date, Publication No. Name of Plaintiff and Defendant Case Details Summary of the decision Page No. the express provision of Constitution by denying the petitioners of Nepali citizenship certificate. In this case too, as the father is missing and out of contact till date, and as it is shown from the photocopy of citizenship enclosed in case file that is authenticating that the mother of petitioners is a Nepali citizen and since it has also been corroborated that the petitioners are the offspring of a Nepali citizen Dhana Nagarkoti, a mandamus is hereby issued in the name of respondent District Administration Office, Kathmandu for providing Nepali citizenship certificate to the petitioners from their mother’s name as per the laws. 10 070WO0932 9th February, 2015 Dipti Gurung VS Government of Nepal Taking the daughter together, when I went to the Office of Ward No. 3 of Lalitpur Sub-Metropolitan City, Lalitpur District, where we are living, to get the birth registered, by filling up the form of the information of the birth as per Schedule 2 of Birth, Death and Other Personal Events (Registration) Rule, 2034, we were refused to get registered. We were not given information pertaining to the other alternatives so as to be able to get the birth registered. After then, though I continued to go months after months to the aforementioned Office, taking the daughter along with me, birth was not registered and we were replied with chiding language, stating that daughter’s birth would not be registered if there is no citizenship of the father; hence, as there is no other way out, I have been present taking the writ petition. Apart from the things to be filled up in the Schedule 2 of Birth, Death and Other Personal Events (Registration) Rule, 2034, the parents’ descriptions are also included, and it is seen that the incident has not been registered due to the complexity related with this. It is the duty of the state to get the child’ birth registered even by accepting to that extent whatever the description is filled up or can be filled up by the one who wishes to get the birth registered. Otherwise, complications arise later. On this issue, order has been issued by the Special Bench of this Court, stating, “Do not refuse to all the children including the children of Badi community, with fathers unidentified, to register their births due to the reason that fathers are not identified.”8 Thus, order to get the births registered has been issued by this Court in connection to the children with no identity of fathers, whereas, in order to register the births of the children with fathers unidentified on the basis of the aforementioned order, all the Local Registrars were already given directives on date 2062/10/13 ( January 26, 2006 A.D.) so that birth can be registered on the basis of mother’s citizenship by writing the description of not identifying in the Chapter of father’s descriptions of the information form. Thus, in the condition that order has been issued by this Court to register the birth even in the situation that the children’s father is not identified, and directives have been given by the Ministry as per the aforementioned issue; it would not be better to refuse to register the birth taking this issue for granted. Not just to register upon being brought to get the birth registered, but if the work of birth registration can be compulsory, responsible system of governance is felt by the people. Hence, Mandamus is issued on the names of including the opponent, Lalitpur Sub- metropolitan City, stating that if applicant provides whatever the description mentioned in the form of Schedule 2 of Birth, Death and Other Personal Events (Registration) Rule, 2034 or brought, stating of not being able to fill it up, get it registered as it is by accepting that. Moreover, directive order has been issued on names of including the opponent, Office of the Prime Minister and the Council of Ministers, stating to reform or amend the aforementioned provision of Schedule 2, by making revision so that it can be accommodated in the circumstance, like that of the petitioner’s, 71

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents