Descent, of Rule 3 of Nepal Citizenship Rule, 2063, “Nepalese citizens over sixteen years of age shall have to furnish application as per the format of Schedule 1 if he/she wishes to obtain Nepalese citizenship certificate by descent: a) citizenship as per law, without wishing to enter into the petitioner’s petition. In Sub-article (2) of Article 11 of the Constitution of Nepal, “the following person who has his or her permanent domicile in Nepal at the time of commencement of this Constitution shall be the citizen of Nepal by descent: Nepalese citizenship certificate of father or mother or the relative within three generations towards his/her lineage. a) b) Recommendation or birth registration certificate to expose birthplace and relationship done by the local body concerned c) A person who has obtained the citizenship of Nepal by descent prior to the commencement of this Constitution, b) A person whose father or mother was a citizen of Nepal at his or her birth. If citizenship certificate of relative within three generations as per Section (A) is submitted, relationship verification letter to expose relationship with the aforementioned relative.” Petitioner’s, Rinex’s, father or mother is seen to have been a citizen of Nepal at his birth; hence, dispute is not seen to deem such person as a citizen of Nepal by descent as per aforementioned constitutional provision. In Article 12 of the Constitution of Nepal, it is found to have been mentioned “Citizenship with identity of descent and gender: A person who obtains the citizenship of Nepal by descent in accordance with this Constitution may obtain a certificate of citizenship of Nepal with gender identity by the name of his or her mother or father.” From the study of the study of the aforementioned constitutional and legal provisions, women are provided with the right equal to men and, precedent is seen to have been maintained by this Court, stating “no citizen shall be deprived of obtaining citizenship by not understating Constitution, law and covenant relating to human rights or misinterpreting law; that the matter that hardship is to be faced to obtain citizenship certificate cannot be acceptable, and that if any one of father and mother of a person is a citizen of Nepal, he/she shall obtain citizenship of Nepal (having petitioner including Sabina Damai versus including the Government of Nepal, Office of the Prime Minister and the Council of Ministers, case including mandamus, D.No. 8557); hence, on the ground mentioned by the petitioner, it is seen that the petitioner can obtain citizenship of Nepal if they want to obtain citizenship by mother’s name. After it is seen that when the petitioner, Rinex, wanted to obtain citizenship by mentioning father’s name and surname, mother was also ready to identify that matter in the office, the official concerned can issue citizenship by looking into the legal ground and evidence to mention father’s name if citizenship is seen to happen by descent. Moreover, in the petition analyzed above in the case having Sabina Damai, condition is seen that mother’s surname can be written to obtain citizenship by descent by mother’s name; hence, clear constitutional and legal ground is not seen that mother’s surname cannot be written simply because father’s name, surname is written. Thus, the Constitution, law and including precedent of Nepal have made legal provision to obtain citizenship As per above, in Sub-clause (1) of Rule 3 of Nepal Citizenship Rule, 2063, there is the provision of the procedure of obtaining Nepalese citizenship certificate by descent; but in the condition that even application stating that citizenship should be provided by submitting documents including mother’s citizenship certificate, deed of divorce done by mother with father, citizenship certificate of father’s elder brother, including Rinex’s educational certificates and birth registration, order does not seem to have been issued by explaining any ground that citizenship could not be issued by keeping “Basnet”, the surname of mother’ identity, or the surnames of both of mother and father, “Basnet Adhikari” so as to accord with the petitioner’s educational certificates as per alternatively mentioned by the petitioner in the petition. Thus, it is seen from the replica copy submitted along with the present petition that the petitioner has wanted to obtain citizenship by mother’s surname “Basnet” by mentioning father’s name, surname for the sake of obtaining Nepalese citizenship, and has furnished application before Chief District Officer, District Administration Office, Kathmandu in the format as per Schedule-1 of Citizenship Rule, 2063; and by mentioning reason that citizenship cannot be provided as per petition, if it is supposed to be additionally examined upon the application submitted as per aforementioned Schedule 1, by examining as per law, it is necessary to order or decide for the sake of coming to a certain conclusion of it, but no order or decision is seen to have been made; hence, it is seen that the issue whether the petitioner is or is not supposed to be provided with the citizenship has remained in confusing condition. Instead of rebutting by affidavit if petitioner’s description has been otherwise, the opponent, District Administration Office, Kathmandu is not seen to have been furnished the affidavit; hence, condition is also seen that the opponent, District Administration Office, has wanted to remove from the public responsibility of issuing or not issuing 106 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION