citizen of Nepal by descent and is continuously residing within the border of Nepal upon being born in Nepal b) Office seems to create the procedure complicated and confusing. In both the character certificate of passing out grade 8 and the mark sheet of the same grade submitted by the petitioner, father’s name of this petitioner has been mentioned as Badri Prasad Khanal and Bishal Nagar-4, Kathmandu has been mentioned in the address, and from the identity card provided by Samaj Kalyan Kendra Briddhashram also, it is seen to have mentioned the citizenship No. 3640/025 Kath. of Badri Prasad Khanal. The citizenship of C.C.No. 9194 of Jayanti Shikari, mother of the petitioner, Gopal Khanal, issued by District Administration Office, Makwanpur on date 2044/9/20 (January 4, 1988 A.D.) has been seen; but no dispute is seen that the petitioner’s mother is a Nepalese citizen. Precedent is seen to have been maintained by this Court as “No citizen can be deprived of obtaining citizenship certificate by not understanding the Constitution, law and covenant on human rights or making wrong logic and meaning by the official prescribed. The matter that hardship has to be faced to obtain citizenship certificate cannot be acceptable. If any one of father or mother of s person is a citizen of Nepal, such person can obtain the 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, it is seen that the petitioner can obtain the citizenship of Nepal if he wished to obtain citizenship certificate by mother’s name. however, the petitioner, Gopal Khanal, is seen to have wished to obtain citizenship by mentioning father’s name, surname; upon looking towards it, this petitioner, Gopal Khanal, is seen to have claimed by submitting even the identity card having C.C.No. 3640/025 of Badri Prasad Khanal, father of the petitioner, Gopal Khanal, offered by Samaj Kalyan Kendra Briddhashram; hence, unless it is justified otherwise, it is seen that this Badri Prasad Khanal is a citizen of Nepal, and the No. of tattered condition as per that is seen in the citizenship record of District Administration Office; hence, petitioner claim does not appear to have been otherwise in the present condition. Mother, Jayanti Shikari, is seen to have specifically claimed that Badri Prasad Khanal is the father of Gopal Khanal, the petitioner, and that being a Nepalese citizen, he has got C.C.No. 3640/025, and that she is ready to identify in the office upon that description. From the aforementioned analyzed ground, it is seen in prima facie, that this petitioner, Gopal Khanal, being a child of Nepalese citizens, has the right to obtain citizenship of Nepal to be provided by the state, unless justified otherwise. Identification made at the spot of spot investigation in the format of Schedule-4 by three Nepalese citizens who have obtained Nepalese citizenship certificate, who are residing in the Ward concerned. After the petitioner could not submit the recommendation or birth registration done by the local body concerned to expose birthplace and relationship, it is not seen that the opponent, District Administration Office, Kathmandu has furthered any process towards spot investigation of the procedure ensured by Rule 3 (2) of Nepal Citizenship Rule, 2063. From the replica copy submitted along with the present petition, it is seen that for the sake of obtaining Nepal citizenship of the son, Gopal Khanal, the petitioner mother, Jayanti Shikari, has furnished application to Chief District Officer, District Administration Office, Kathmandu in the format as per Schedule-1 of Citizenship Rule, 2063 by mentioning father’s name, surname and father’s citizenship certificate; and, the statement of the opponent, District Administration Office, also does not seem that the petitioner has not furnished application as per the aforementioned Schedule-1. Moreover, application was furnished in order get the record of the C.C.No.3640/025, Kathmandu of the father of the petitioner, Gopal Khanal, copied; but, upon the application that record of C.C.No. should be copied, it is seen that the District Administration Office, Kathmandu has informed the C. that the record of the petitioner, Gopal Khanal, of No. 3640 of the date of 025 B.S. (1968/69 A.D.) has been tattered and torn off; hence, it cannot be provided to the petitioner. However, upon the application furnished as per Schedule-1, no order or decision is seen to have been made; hence, it is essential to give order or decide, regarding whether the citizenship is to be provided or not or by examining as per law if it is to be additionally examined, for the sake of its surety. If there is ground to obtain citizenship by fulfilling the procedure to obtain citizenship certificate as per Rule 3 (1) and Rule 3 (2) of Nepal Citizenship Rule, 2063, citizenship is to be issued to the applicant, who asks for Nepalese citizenship, and if Citizenship certificate cannot be issued, decision is to be made as per that; but, on the ground that record has not been recovered because the record of the father’s citizenship has been tattered and torn off or though it has been mentioned in the affidavit that information of the condition of making citizenship by new process of unclear description, it is seen that without giving order or making decision regarding the claim of the petitioner, the information of oral description or the act of returning the petitioner on behalf of the opponent District Administration Petitioner, Gopal Khanal, has wanted to obtain citizenship by descent by including father’s name 113 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION