S. No. Writ No. Decision/ Order Date, Publication No. Name of Plaintiff and Defendant Case Details Summary of the decision Page No. 16 071WO1025 4th April, 2016 Jayanti Shikari (Khanal) VS Government of Nepal My right to obtain and make identity by mentioning father’s name and by identifying by mother as per constitutional and legal provisions by has been ensured to me, Gopal Khanal, of the petitioners; hence, order, command including mandamus, whichever is needed, should be issued to provide citizenship by identifying by mother. Due to the condition that citizenship No. 9194/2044, Makwanpur, the mother of the petitioner, Gopal Khanal, has been ready to stay for identification stating that Badri Prasad Khanal, citizenship No. 3640/025 Kathmandu is the father of the petitioner; as father’s name is seen to have been mentioned in character certificate and mark sheet of the petitioner, Gopal Khanal, as Badri Prasad Khanal, Bishal Nagar-4 Kathmandu, it is decided that mandamus order shall be issued on the name of the opponent, District Administration Office, Kathmandu, to provide citizenship certificate unless the description explained or claimed by the petitioner is not seen otherwise, by adopting the procedure including examining spot investigation as soon as possible as per Rule 3 (2) (A) and (B) of Nepal Citizenship Rule, 2063 as well. Moreover, in connection to the citizens of this nature, particularly, to those whose father, upon being a Nepalese citizen, has not come into contact or has been disappeared or to those who are in the condition of the fathers being reluctant to get their children provided with citizenship, and to those who wish to obtain citizenship mentioned father’s name, surname as well, if mother or close relative give consent to bear liability by staying for identification, it is seen necessary to pay proper attention towards what, what kinds of appropriate and proper measure can be there to ease and simplify regarding providing citizenship to any Nepalese citizens who want to obtain citizenship adopting necessary and appropriate procedure of including Rule 3 (2) of Citizenship Rule, 2063. Generally, in order to make the legal provisions to obtain citizenship by the citizens simplified, easy and comprehensible, by paying attention to the following matters, besides other things, this directive order has also been issued on the name of the opponent, the Ministry of Home Affairs to arrange necessary provisions to provide citizenship certificate easily by issuing circulation on the names of all the Chief District Officers nationwide. 108 17 2069WO0153 N.K.P. 2073, No. 9, Decision No. 9673, Pg. 1682, 12th May, 2016 Diwakar Chhetri VS Government of Nepal As per the Interim Constitution of Nepal, 2063 and Nepal Citizenship Act, 2063 and international human rights documents, our mother was a Nepalese citizen at the time of our births; hence, despite having our right to obtain citizenship of descent, contrary to this, while going to get recommendation of the citizenship and the citizenship by mother’s name, we were verbally refused to be given recommendation and the citizenship; hence, we have been deprived of our It is seen that decision is supposed to be made after conducting investigation regarding whether the petitioners are the person who obtain citizenship as per Clause 3 (1) of the Nepal Citizenship Act, 2063 or are the persons who can obtain citizenship as per Clause 3 (2) and Clause 5 (2) of the same Act or not; hence, it is decided that mandamus order shall be issued on the names of the opponents District Administration Office, Lalitpur and previous Kitani presently Godawari Village Development Committee, Lalitpur to decide by conducting necessary investigation and provide its information to the petitioners as well. 115

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