S. No. 31 Writ No. 074WO0161 Decision/ Order Date, Publication No. 8th January, 2018 Name of Plaintiff and Defendant Bhani Maiya Shakya (Bhikchhu) VS Government of Nepal Case Details Summary of the decision information was provided for the petitioner through the letter of L.No. 073/074 D.No. 4116 of the date of 2073/10/5 (January 18, 2017 A.D.) that information had been given in accordance with the order that citizenship by descent could not be presently provided for the children of the persons who have obtained the citizenship certificate by birth, as per the circulation of the Ministry of Home Affairs (Citizenship Monitoring and National Identity Card Management Section) of D.No. 491 of the date of 2070/12/20 (April 3, 2014 A.D.). Hence, by revoking the order and the letter of the stated date 2073/10/5 (January 18, 2017 A.D.) and including the circulation of the Ministry of Home Affairs mentioned on it, petitioner’s constitutional and legal right should be enforced by issuing mandamus or other appropriate order to provide or get the Nepali citizenship certificate provided for the petitioner. 2073/10/5 ( January 18, 2017 A.D.) that the petitioner could not be provided with the citizenship certificate by descent contrary to the provisions of Constitution and law, as per the circulation of the Ministry of Home Affairs of the date of 2070/12/20 (April 3, 2014 A.D.), the stated correspondence has been revoked with the certiorari order. To impose prevention or restriction upon the use of the rights and powers, which have been conferred by the constitution and law, by government body shall be contrary to the rule of law and jurisprudential norm. I, the petitioner, Karan wanted to make my identity by using the name of my mother Bhani Maya, the petitioner and when I, Bhani Maya went to make identity of my child by name I was returned back time and again by saying that, such law has not been introduced. Article 10 (1) of the constitution makes provision that no Nepali citizen shall be deprived of right to obtain citizenship and Article 11 (2) (B) makes the provision that in case the father or mother of newly born has been Nepali citizen at the time of birth the person as such shall be held Nepali citizen on the basis of descent. Section 3 (1) of Nepali Citizenship Act, 2063 has recognized father or mother under the definition of descent making provision that in case the father or mother of newly born has been the This writ petitioner Karan Bhusan Shakya seems to be a person qualified to acquire Nepalese citizenship by descent. Therefore, the decision of District Administration Office, Kathmandu reached contrary to the constitution and law mentioning that the petitioner Karan Bhushan Shakya could not be provided with the Nepalese citizenship certificate on descent has been hereby declared void. it is held that the mandamus order shall be issued to the opponent District Administration Office, Kathmandu to provide Nepali citizenship certificate on the basis of Regulation as well inquiring upon the essential matters on prompt basis upon finding out the content shown by the petitioner Karan Bhusan Shakya has not been otherwise. Whereas writ petitioner Bhani Maiya Shakya seems to have become mother prior to the establishment of marital relationship being unmarried mother and the writ petitioner Karan Bhusan Shakya has been attempting to make identity by the name of his mother Bhani Maiya Shakya and the constitution and law as well have protected his right upon viewing the said context, it is held that the mandamus has been issued to the opponent Ministry of Education, District Education Office, Kathmandu and National Examination Board Sanothimi as well to deduct name of grandfather stated in the column of father of the academic certificates of the writ petitioner Karan Bhusan Page No. 190