S. No. Writ No. Decision/ Order Date, Publication No. Name of Plaintiff and Defendant Case Details Summary of the decision Page No. 20 070WO0817 29th August, 2016 Laxmi Lama VS Government of Nepal It has been against the provision of Article 8 (2) (B) of Part 2 of the Interim Constitution of Nepal, 2063 that if father or mother of a person was a citizen of Nepal at the time of his/her birth, such person shall be a Nepalese citizen by descent, and the provision of Clause 3 of Nepal Citizenship Act, 2063 to obtain Nepalese citizenship; moreover, it has been opposite to Article 15 of Universal Declaration on Human Rights, 1948, Article 24 of International Covenant on Civic and Political Rights, 1966, Article 7 of Convention on the Rights of the Children, including Article 9 of Convention on the Elimination of all Forms of Discrimination Against Women, 1979; hence, order, command including mandamus, whichever is needed, should be issued to provide citizenship by mother’s name as per law, and to interpret it in connection to the victims across the country like us. The matter that Bichchhi Tamang, the mother of petitioners, Laxmi Lama and Sharmila Lama, is a Nepalese citizen is also justified, and the petitioners are seen to have been born in Nepal from Nepalese citizen, Bichchhi Lama; hence, it is decided that mandamus order shall be issued on the name of Office of Kathmandu Metropolitan City, Ward No. 11, and on the name of the opponent Ministry of Home Affairs and under it, District Administration Office, Kathmandu not to deprive of citizenship on the ground that they have not submitted father’s citizenship, but to provide citizenship, as per claim, if the petitioners establish in any way that they are residing within its jurisdiction and if they submit mother’s citizenship. It has been exposed that circulation has been made to all the District Administration Offices as per the decision made by this Court on the writ petition of aforementioned Sabina Damai on the issue that citizenship can be obtained by mother’s name; hence, it seems that re-order is not supposed to be issued on the names of all the District Administration Offices. 129 21 069WO0735 29th August, 2016 Shiwani Kharel VS Government of Nepal Both my father and mother have been Nepali citizens. As the father remained out of contact without information, were brought to her parental home by the mother. Provision has been introduced on Section 3(1) of the Nepal Citizenship Act, 2007 stipulating that: In case either father or mother is a Nepali citizen at the time of birth of his or her offspring, then such offspring shall be a citizen of Nepal by descent and whereas I requested the different bodies for the co- operation so that I could have obtained citizenship by the name of my father, he has been rejecting till present to confer citizenship to me and remained out of our contact and that due to lack of citizenship I applicant, have been deprived of filling up the form in order to pursue higher education and got deprived of the basic human rights of the education. A Mandamus be issued so that The act of statutorily authorized agency or official denying someone of citizenship in the absence of any plausible reason and basis cannot be deemed as legitimate and proper. It is rather supposed to explore ways for assistance and simplification in granting citizens with citizenship as per the legal provisions. an order of mandamus is hereby issued in the names of respondent District Administration Office, Kathmandu, to promptly decide for the citizenship after holding examination of the matters required as per Nepal Citizenship Act, 2007 and Nepal Citizenship Rules, 2007 at the earliest and in case the petitioner applies for acquiring citizenship by disclosing the name of father and address of mother in line with the certificate, and if the mother attests to the same at the office, then let the needful matters be inquired and let a decision on awarding citizenship be made forthwith by not depriving the petitioner from Nepali citizenship certificate and issuance of the recommendation for the citizenship just on the basis that she intended to write the name of father and address of mother as recorded certificate. 135