13 Kiran Khadki vs Government of Nepal Phagun 17, 2072 (29th February, 2016) Supreme Court, Division Bench Right Honorable Chief Justice Kalyan Shrestha Honorable Justice Jagadish Sharma Paudel Order 070-WO-0876 Subject: Mandamus Kiran Khadki, a resident of ward No 4 of Kirtipur Municipality of Kathmandu district.......1 Sarita Khadgi, a resident of ward No 4 of Kirtipur Municipality of Kathmandu district ......1 Applicant Vs. The Office of Prime Minister and Council of Ministers, Singhadurbar, Kathmandu .............1 Ministry of Home, Singhadurbar, Kathhmandu……………………………..……......................1 Ministry of Federal Affairs and Local Development Singhadurbar, Kathhmandu .................1 Opponent Ministry of Law, Justice, Constituent Assembly and Parliamentary Affairs Singhadurbar Kathmandu ...................................................................................................................................1 District Administration Office, Kathmandu………………………………..……..........................1 Brief fact and decision of the present writ petition that has been submitted by being fallen under the jurisdiction of this Court as per Article 107 (2) of the Interim Constitution of Nepal, 2063 are as follows: but, citizenship has been extremely necessary for the sake of studies as well as doing other works for my son. I, Kiran Khadgi, of the petitioners, am being nurtured, educated and provided health treatment by my mother, Sarita Khadgi. I have been grown up, raised and educated under the patronage of the single mother since I was born. I have not known even the name of my father. I have not seen the face of the father yet. Mother has worked hard to give birth, raise, bring up and educate me. Hence, I also want to obtain and make my identity by mother’s name. Citizenship is an important basic document for the sake of any person. Citizenship certificate is compulsory for the citizen for the sake of obtaining facilities and rights conferred by the state and for acquiring opportunity. It is sure on one hand that personal events of the person deprived of the citizenship cannot be registered, on the other hand, ownership of the property cannot be acquired, one has to be deprived of the education and employment, industry, business, trade and banking transactions cannot be carried out. It is not identified that the person without citizenship belongs to which country either; hence, despite An unidentified person, name, surname not known married me, Sarita Khadgi, of the petitioners, on date 2047/7/10 (October 27, 1990 A.D.) by deceitfully pretending of marriage, and son, Kiran Khadgi, was born on date 2051/12/30 (April 13, 1995 A.D) at my parental home in Kathmandu district, Kirtipur Municipality, Ward No. 4. After the birth of the son, the husband disappeared and his name, surname, address also have not been known yet; hence, condition is that I am living at the parental home. Presently, the age of the son is suitable to obtain citizenship; hence, when I went to District Administration Office, Kathmandu on date 2070/4/28 (August 12, 2013 A.D.) for the sake of citizenship certificate by filling up the form of Schedule 1 attaching with the recommendation of Kirtipur Municipality, Ward No. 4 and the birth registration certificate of the son, I was returned without registering the application by making oral order that son could not be provided with citizenship without father, descent means father; 92 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION