establishing the descendant. Further, all the
facilities and services have been provided on the
basis of equality without any discrimination.
Therefore, the order should not be issued and the
writ petition should be quashed.
on the ground of race and untouchability, the office
is treating equally to all, and therefore, the writ
petition should be quashed.
District Administration Office Surkhet in its written
reply has stated that no arbitrary act has been done
and no discrimination and unequal treatment
has been made on the ground of race against any
community in the process of enforcing the policy of
His Majesty’s Government. Citizenship certificate
has been provided immediately and other services
has been delivered in easy manner to the people
of every caste and community if sufficient proof
as required by the law has been submitted. Every
act performed by the office has been carried out
according the law and the writ petition should be
quashed.
District Administration Office Dang in its written
reply has stated that the Dalit communities have
not been deprived form carrying out occupation or
business that are carried out by other communities.
The functions and proceedings to be carried out
by the office have been performed as per the law
in force. No discrimination has been made while
performing any act on the ground that it belongs
to the Dalit. Dalit communities and other Nepali
citizens have been provided citizenship certificate
without any discrimination when they come to
file application for obtain Nepal citizenship based
on the surname (family name) mentioned in the
citizenship certificate obtained by their father,
mother and brothers, after filling up the form as per
the schedule. Therefore, there exists no condition to
issue writ and the writ petition should be quashed.
District Administration Office Bara in its written
reply has stated that the office has been carrying out
its act according to the prevailing Constituting, Act,
Rules and Circulars. The office has not inflicted any
type of harm to the people of Dalit Communities to
live their life with dignity. Therefore, the writ petition
should be quashed.
District Administration Office Sankhuvasabha in its
written reply has stated that the matters mentioned
in the writ petition from paragraph 1 to 9 are not
related to District Administration Office. In the
paragraph 10 of the writ petition, it is blamed that
while the people of Dalit communities come to
obtain citizenship certificate it is provided only by
mentioning the so called occupational caste. It has
also been blamed that while applying for citizenship
certificate has been provided by compulsorily
mentioning occupational caste/race. In this regard,
citizenship certificates have been provided as per
the request of the applicants based on the proofs
presented with the application. In case a person,
who has already obtained the citizenship certificate
applies for making correction of surname (family
name) pursuant to the Section 6 (b) of the Chapter
6 of the Citizenship Distribution Directives, 2061
issued from the Ministry of Home Affairs, such
surname (family name) is corrected causing them
to present substantial proofs showing the surname
(family name). The blame made upon the office is
untrue and baseless. Therefore, the writ petition
should be quashed.
District Administration Office Baglung, in its written
reply, has stated that upon receiving the application
for obtaining citizenship certificates by correcting
the surname (family name), the certificate has been
issued as per the letter of Ministry of Home Ref. No.
281 dated 2056/11/17 addressing to the Nepal Dalit
Organization, Central Office Teku, and the letter
of the same Ministry Ref. No. 91 dated 2061/5/31
addressed to the National Dalit Commission,
Thapathali relating to the notification. Therefore,
the writ petition should be quashed.
District Administration office Udayapur in its written
response has stated that citizenship certificates have
been distributed in the district according to the
decision of the His Majesty’s Government dated
2052/4/4 (July 20, 1995) distributing the citizenship
certificate on the basis of surname (family name).
Therefore, the writ petition is untrue and should
be quashed.
District Administration Office Taplegung in its
written reply has stated that citizenship certificate
has been issued from the office not on the ground of
caste/race. It is issued on the basis of surname (family
name) pursuant to the Constitution of the Kingdom
of Nepal, 2047 (1990), Citizenship Act,2020(1963),
the Citizenship Rules, 2049 (1994) and the decision
and order of His Majesty’s Government, Council of
Ministers made from time to time. The citizenship
certificate has been issued from the office according
to the circular issued form the Ministry of Home
dated 2052/4/21 (August 6, 1995), based on the
decision of His Majesty’s Government dated
District Administration Office Bajhang in its written
reply has stated that the blame that the office has
compelled the people of Dalit communities to spell
occupational caste/race while obtaining citizenship
certificate is false. The office has neither deprived
the people of Dalit communities from the rights
guaranteed by the Constitution of the Kingdom of
Nepal and nor these rights have been violated. The
office has been performing the acts respecting the
human dignity. No discrimination has been made
9
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents