under the jurisdiction of the office including the
legal remedies. Therefore, the writ petition should
be quashed.
the Constitution of the Kingdom of Nepal, Nepal
Civil Rights Act, 2012 (1959), and the matters
mentioned in different conventions as cited by the
petitioners in their writ petition. The office has not
done any discrimination as stated in the petition.
Therefore, the writ petition deserves to be quashed
and should be quashed.
The Ministry of Law and Justice in its written reply
has stated that the writ petition is silent about which
of the right of the petitioners has been violated by
which of the act of this Ministry, and the Ministry
has not done any act affecting the rights of the
petitioners. There is the provision in the Section
3 of Nepal Citizenship Act, 2020(1963) Rule 3 and
Schedule 2 of Nepal Citizenship Rules, 2049 (1993)
that names and surname (family name)s have to
be mentioned while issuing citizenship certificates.
In addition, such provisions have not violated the
rights of the petitioners provided by the Constitution
and law. Therefore, the writ petition should be
quashed.
District Administration Office Myagdi in its
written reply has stated that the office while
issuing citizenship certificate has not made any
discrimination violating the provision of the right
to equality provided by the Article 11 and the
fundamental right guaranteed by the Article 12 of
the Constitution of the Kingdom of Nepal, 1990
and any other legal right. No discrimination has
been made on the grounds of race, religion, class,
gender, and alike. Therefore, the writ petition should
be quashed.
District Administration Office Rautahat in its written
reply has stated that the office has been issuing
citizenship certificate mentioning the name and
surname (family name) if anyone comes to obtain
the citizenship certificate by mentioning the same.
It has performing the functions as per the policy and
direction of His Majesty’s Government from time
to time. No one has been compelled to write any
caste or race. No discrimination has been made on
the ground of race/cast. Further, no constitutional
or legal right of the petitioners have been violated
and the writ petition should therefore, be quashed.
District Administration Office Syangja in its written
reply has stated that the office, while delivering any
service to the citizens, has provided without making
any discrimination on the ground of being Dalit or
race, but according to the provision of constitution
and law. No fundamental rights of the petitioners
have been infringed from the function of the office
and the writ petition should be quashed.
District Administration Office Makwanpur in its
written reply has stated that the petitioners have
not been able to establish factually about how the
office has made discrimination on the grounds of
untochability or on the ground of race and done
unconstitutional and so called illegal act. Since the
office has not done any unconstitutional and illegal
act mentioned in the writ petition and the plea of
the petitioners is untrue in prima facie. Therefore,
the writ petition should be quashed.
District Administration Office Siraha in its written
reply has stated that on the matters mentioned in
the paragraph 12 (a), (b) and (c), the office has not
done any act otherwise, except according to the
law. Therefore, the writ petition should be quashed.
District Administration Office Ilam in its written
reply has stated that citizenship certificate has been
provided in convenient way to the persons who have
come fulfilling the procedure of the law based on the
citizenship certificate of the father and grandfather
of the applicants and the documents submitted
by them with the application. If the application
has been filed within the limitation, to correct
any description mentioned also in the citizenship
certificate already obtained, the particulars have
been corrected in cases the particulars seems to
be justified from the evidences submitted. In such
situation, the plea of the petitioners that there has
been discrimination while distributing citizenship
certificate and disregard of the prevailing law is
untrue and therefore, the writ petition should be
quashed.
District Administration Office, Kaski in its written
reply has stated that any arbitrary and illegal act as
stated in the writ petition has not been performed by
the office and the writ petition should be quashed.
District Administration Office, Jhapa in its written
reply has stated that the office has not performed
any act harming the Dalit community, deprived
them of the right to live with dignity and respectful
life and has not acted against different conventions,
treaties and Constitution of the Kingdom of Nepal
2047 (1990). The office has not performed any act
to deprive them from enjoying economic, social
and cultural rights and compelled them to mention
occupational caste while distributing citizenship
certificate. Instead, citizenship certificates have
been provided as per the particulars mentioned
in recommendation according to the schedule
and the documents enclosed with the application
District Administration Office Okhaldhunga in its
written reply has stated that the office is committed
to implement the provision of equality provided by
8
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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