Administration Office, Sunsari, Dharan on date 2071/12/13 (March 27, 2015 A.D) to obtain citizenship by descent by identifying by mother, upon fulfilling all documents including birth registration, educational qualification, migration, voter’s identity card of the mother, spot investigation deed and recommendation of local registrar and legal process. Affidavit of the opponent, District Administration Office, Sunsari is found to have stated that when the petitioner contacted to its Office, he was told what, what kinds of evidence have to be submitted to obtain citizenship by descent. mother, he has been refused to be provided with recommendation for the sake of citizenship certificate. Regarding the reason, fact that the opponent, District Administration Office, has refused this matter, there is no condition to say anything. So far as, there is an issue that the petitioner has said that the father has been disappeared. It is not right that the petitioner cannot obtain citizenship simply because the father has been disappeared. Upon looking through the relativity of the provisions of Sub-article (3) of Article 8 of the Interim Constitution of Nepal, 2063 and Article 11 (4) of the Constitution of Nepal it is seen that every minor who is found within Nepal and whereabouts of whose father and mother are not known shall be a citizen of Nepal by descent; whereas in Article 11 (5), the provision is seen to have been made in the Constitution stating that a person, who is born in Nepal from a woman who is a citizen of Nepal and has resided in Nepal, and whose father is not traced, obtains the citizenship of Nepal by descent; but, if father is deemed as a foreign citizen later, the citizenship of descent of such person shall be converted into naturalized citizenship. There is not the condition here that the father or mother has not been found or father could not be identified. The petitioner has clearly mentioned his father’s name and address. The petitioner’s statement is that father, Gopal Bishwas, has been out of contact without giving any information and father does not have any other brothers. It does not appear from the affidavit that this is not the matter. When there is constitutional provision in the Constitution and in the Act that citizenship can be obtain from the name of father or mother, the petitioner can furnish application attaching mother’s citizenship in such a situation. In this condition, when the applicant submits mother’s citizenship certificate, documents and spot investigation deed and including recommendation of local registrar, it is not right to refuse to provide citizenship certificate. There is the condition that father has not obtained Nepalese citizenship; in this condition, petitioner is supposed to be provided with citizenship by descent or naturalized; up to this can be seen as an issued for decision. While looking into our constructional provision regarding citizenship, provision is seen to have been made in Section (B) of Sub-article 2 of Article 8 of the Interim Constitution of Nepal, 2063 that if “father or mother” of a person was a citizen of Nepal, he/she shall be a citizen of Nepal by descent. Similar kind of provision is seen to have been in Sub-article 2 (B) of Article 11 of the Constitution of Nepal. In Sub-article (1) of Clause 3 of Citizenship Act, 2063 formulated to implement the provision related to Nepal citizenship remained in the Constitution, there is the provision that if “father or mother” of a person was a citizen of Nepal at the time of his/her birth, he/she shall be a citizen of Nepal. 9. It is seen that due to the phrase “father or mother” used in the Constitution and Citizenship Act, if any one of “father or mother” is a Nepalese citizen, his/her children can obtain Nepalese citizenship certificate as soon as they reach the age of 16 years. The matter of obtaining citizenship from whose name of the father or the mother is the matter of choice of the person concerned. There is also the condition that this Court has accepted this matter (N.L.M. 2066 D.No. 8175 P. 1014). It is seen from the birth registration certificate that the petitioner was born in Nepal, at Sunsari district, Dharan Municipality, Ward No. 6 on date 2050/6/5 (September 21, 1993 A.D.), and it is seen to have been mentioned in the petition that since the father went away leaving the room without giving any information when the petitioner was in childhood condition or he was 5 years old, he has not returned, but disappeared and now he is not yet in contact, and that the father has not obtained citizenship either, and moreover, he has no brothers; hence, in the condition of the spot investigation deed done by the locals and document evidence of the migration and the recommendation made by local registrar submitted, and even in the condition of identification done by the 10. From birth registration certificate, it is seen that the petitioner, Prashant Bishwas, was born in Sunsari district, Dharan V.D.C., Ward No. 6 on date 2050/6/5 (September 21, 1993 A.D.). From the birth registration and S.L.C. certificates, it is seen that the petitioner has completed 16 years of age. There is not 126 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION