have violated the fundamental rights of equality
guaranteed by the Article 11 and right to liberty
guaranteed by the Article 12 of the Constitution
and submit evidences. As regard to the plea of the
respondent made in the paragraph 10 of the writ
petition, citizenship certificates have been provided
according to the provision of Section 3 of the
Citizenship Act, 2020 (1963) and Rule 3 and Schedule
1 and 2 of the Citizenship Rules. No compulsion has
been made to mention caste in arbitrary manner
disregarding the provisions of the above mentioned
Acts and Rules. The office has not carried out any
act violating the right to equality and right to liberty
of the petitioners guaranteed by the constitution.
Therefore, the writ petition should be quashed.
been made to mention the caste/race arbitrarily as
mentioned in the writ petition.
District Administration Office Kanchanpur in its
written reply has stated that the communities with
different surname (family name)s are provided
Nepali citizenship certificate allowing them to
mention the surname (family name)s or so called
occupational caste as per their choice. No one has
been prevented from doing this.
Ministry of Local Development in its written
reply has stated that local bodies under the
that Ministry awhile making recommendations
for citizenship certificate have been making
recommendations as per the proofs presented
by the applicants. There is practice of filling up
the forms to mention the surname (family name)
in the citizenship certificate according to the
surname (family name) of applicant’s father. The
Village Development Committees, Municipalities
and District Development Committees provide
recommendation letter based on the forms and
documents enclosed in it. Citizenship certificate are
not issued from the local bodies and therefore they
do not have authority to correct these certificates.
Therefore, on order should be issued against the
Ministry and writ petition should be quashed.
Ministry of Home Affairs in its written reply has
stated that the petitioners have not been able to
mention concretely and objectively (factually) that
their fundamental rights or legal rights without
effective remedies have been violated from the act of
the Ministry or its subordinate offices and filed writ
petition urging for issuance of mandamus based on
fictitious matters. The writ petition is unjustifiable
and should be quashed.
District Administration Office Ramechhap in its
written reply has stated that the the office has
been distributing citizenship certificates based on
surname (family name) as per the application filed
by the applicant and pursuant to the circular issued
by the Ministry of Home Affairs dated 2052/4/21
July 20, 1995) (August 6, 1995)of the Fiscal Year
1(a) 2052/2053 Ref. No. 171, provision of Chapter 6
Section 6 (a) of Citizenship Distribution Directives,
2061 and Section 5 of the decision of the Council
of Ministers dated 2052/4/4 (July 20, 1995). Dhan
Bahadur Damai, son of Suryaman Damai, and
resident of Gauswara V. D. C. ward No. 2 of this
district filed an application urging for providing the
copy of citizenship certificate changing his surname
(family name) into Mahat from his caste/race Damai
spelled in his old citizenship certificate and he has
been provided the citizenship certificate spelling
his surname (family name) as Mahat. Copies of the
both; of his old withdrawn citizenship certificate
and presently provided citizenship certificate
bearing the number 223 that mentions the surname
(family name) Mahat have been enclosed herewith
as proof. Therefore, the writ petition deserves to
be quashed concerning that office and should be
quashed.
District Administration Office Parsa in its
written reply has stated that the office is ready
to issue citizenship certificate to citizens of Dalit
communities or correct their certificate based on
their surname (family name)s within the limit of the
decision of the Council of Ministers if they apply for
it. Therefore, the writ petition should be quashed.
District Administration Office Chitwan in its written
reply has stated that the office has the practice
of issuing Nepali citizenship certificate even in
the condition of mentioning a surname (family
name) different from one’s father, based on the
Constitution of the Kingdom of Nepal, 1990, the
Citizenship Act, 2020 (1963), Citizenship Rules, 1993,
Rules Regarding to the Correction of Name and Caste
(Race), 1961, the Directives issued from His Majesty’s
Government from time to time and the provision o f
No. 5 of the Circular issued by the Ministry of Home
dated 2052/4/21 July 20, 1995) (August 6, 1995)based
on the decision of His Majesty’s Government dated
2052 4/4, regarding to the correction of surname
(family name) and maintaining surname (family
name)s. Discrimination has not been made and
have not been compelled to mention caste (race)
compulsorily as pleaded in the writ petition. The
fundamental right liberty of the petitioners has not
been violated by any means from the office and
the order should not be issued. The writ petition
deserves to be quashed and should be quashed.
District Administration Office Gorkha in its written
reply has stated that Nepali citizenship certificate
has been provided to the person mentioning the
surname (family name) as per demanded by the
person made by him/her by filling up the form
prescribed in the Schedule. No compulsion has
5
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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