10 Dipti Gurung vs Government of Nepal Magh 26, 2071 (9th February, 2015) Supreme Court, Division Bench Honorable Justice Kalyan Shrestha Honorable Justice Om Prakash Mishra Order 070-WO-0932 Subject: Certiorari mixed Mandamus as well On behalf of Nikita Gurung age 13 daughter of Dipti Gurung age 41 as guardian and for oneself as per Section of 51 Children Act, 2048, Dipti Gurung daughter of Late Dhan Bahadur Gurung, resident of ward No. 03 of Lalitpur Sub-metropolis of Lalipur District .....1 Petitioner Vs. The Office of the Prime Minister and Council of Ministers, Government of Nepal, Kathmandu ...................................................................................................................................1 Home Ministry, Government of Nepal, Kathmandu .................................................................1 Ministry of Women, Children and Social Welfare, Government of Nepal, Kathmandu .........1 Ministry of Local Development and Federal Affairs, Government of Nepal, Kathmandu .....1 Respondent Lalitpur Sub-metropolis, Pulchok, Lalitpur ...............................................................................1 Office of ward No. 3 of Lalitpur Sub-metropolis, Pulchok, Lalitpur .........................................1 District Education, Office, Kanibahal Lalitpur ...........................................................................1 The brief facts and decision of the present writ petition filed under Articles 32 and 107 of the Interim Constitution of Nepal, 2063 are as follows. even to expel from the school if the birth certificate is not brought. Taking the daughter together, when I went to the Office of Ward No. 3 of Lalitpur Sub-Metropolitan City, Lalitpur District, where we are living, to get the birth registered, by filling up the form of the information of the birth as per Schedule 2 of Birth, Death and Other Personal Events (Registration) Rule, 2034, we were refused to get registered. We were not given information pertaining to the other alternatives so as to be able to get the birth registered. After then, though I continued to go months after months to the aforementioned Office, taking the daughter along with me, birth was not registered and we were replied with chiding language, stating that daughter’s birth would not be registered if there is no citizenship of the father; hence, as there is no other way out, I have been present taking the writ petition. I, the petitioner, gave birth to the daughter, Nikita, on date 2057/1/4 (16 April, 2000). I, the petitioner, myself also have not been able to identify her father. Presently, the daughter, Nikita Gurung, is studying at Red Bungalow School at Grade 9. Form has to be filled up for the sake of S.L.C. while studying at Grade 9. The situation is that District Education Office, Kanibahal, has sent the letter to Red Bungalow School stating that the form of SLC has to be sent to District Education Office; while sending the form, the copy of the daughter’s birth registration certificate shall have to be sent along and the form registration without having the birth certificate attached shall be invalid. Thus, as there is no birth certificate of the daughter, the school has not been able to submit the daughter’s form of SLC examinations to the District Education Office; hence, the Red Bungalow School, where the daughter is studying, is presently giving warnings Thus, my daughter’s birth has not been registered because there is no identity of father; hence, order including Mandamus, whichever is required, should 71 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION