of the same Rules it is stated that “ Chief District Officer, after receiving the application pursuant to Sub-rule (1), shall make necessary inquiry, and if the applicant is found to be eligible to obtain the certificate of citizenship of Nepal, may issue the certificate of citizenship of Nepal to him or her in the format pursuant to Schedule 2. In the format of the application, pursuant to Schedule 1, to be filed for obtaining Nepali Citizenship Certificate or the format of Citizenship Certificate pursuant to Schedule 2, there is no mention of caste/race as contended by the petitioners. The formats of application to be filed for obtaining Nepali Citizenship Certificate and format of citizenship certificate have been provided by mentioning the Name and Surname (family name) of the applicant, his/her father and Husband etc. The written reply have been submitted from the respondents stating that citizenship certificates have been distributed according to the said provisions. Likewise, going through the decision of His Majesty’s Government dated 2052/4/4 (July 20, 1995)/ (July 10,1995) it has been decided to issue citizenship certificate mentioning surname (family name) and make correction on the citizenship certificate based on surname (family name) and circular has also been issued accordingly. language or ideological conviction or any of these. Thus, in the condition that the constitution and laws have guaranteed the right to equal protection to all caste and tribes, to mention caste/race in the place of surname (family name) or after surname (family name) while providing citizenship certificate to Dalits without any reason and objectives, is against the objective and spirit of the law. Therefore, an order of Mandamus is hereby issued in the name of respondent bodies, to make or cause to make provision for issuing citizenship certificate or making correction thereon or providing recommendation for obtaining thereto, based on surname (family name), to the people of Dalit communities, like other citizens, while issuing citizenship certificate, making correction thereon or recommending thereto; and make or cause to make correction in the citizenship certificate mentioning the surname (family name) pursuant to law. In order to notify the respondents, let the copy of the order be sent to the Office of the Attorney General and let the case file be handed over to archive section after deducting the record of the case from the case registration book. ……………………….. Although there is clear provision in the law to issue citizenship certificate based on surname (family name) and circular has also been issued accordingly, it has been obvious form the example presented by the petitioners that sometimes citizenship certificates have also been issued mentioning caste/race. Going through the Article 11 (1) of the Constitution of the Kingdom of Nepal, 1990, there is constitutional provision that-(1) all citizens shall be equal before the law, and no person shall be denied the equal protection of the laws. Likewise, in Article 11(3) it is provided that the State shall not make discrimination against citizens among citizens on grounds of religion, race, caste, tribe, sex, origin, Justice I concur with the above-mentioned decision. …………………. Justice Bench Officer : Bishnu Prasad Aryal Computer : Rukmani Shrestha Done on Monday the 1st day of the Month of Jestha of the Year 2063 (May 15, 2006) 12 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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