S. No. 32 Writ No. 073WO01362 Decision/ Order Date, Publication No. 8th February, 2018 Name of Plaintiff and Defendant Neha Das VS Government of Nepal Case Details Summary of the decision citizen of Nepal at the time of birth, such person shall be held Nepali citizen by descent. As the law provides right to select from whose name the citizenship shall be taken to the person receiving citizenship I Karan Bhusan Shakya shall be provided citizenship in the name of my mother petitioner Bhani Maiya Shakya as descent removing the name of my grandfather in the academic qualification certificates of I, petitioner Karan Bhusan Shakya on the column of father’s name and maintaining the name of Bhani Maiya Shakya, the petitioner and mandamus order shall be issued to the opponent to do cause to do the same. Shakya and induct the name of the mother the writ petitioner Bhani Maiya Shakya. We petitioners, our father Nanda Das obtained his citizenship by birth and our mother Padam Maya Sunuwar obtained citizenship by decent. As we have matured the age to qualify for citizenship, we were returned with rejection saying that prior to obtainment of citizenship certificate by our father we, the petitioners have been born and the citizenship of father has not been on the basis of descent but on the basis of birth so that we the petitioner could not acquire citizenship on the basis of descent. Therefore, the rejection order dated 2074/03/06 (20 June, 2017) of the District Administration Office, Kathmandu over the petition under Schedule-1 of ourselves with the entire documents from the District Administration office shall be declared void by the order of certiorari and let the order of mandamus be issued to the opponent Home Ministry and District Administration Office, Kathmandu so that we the petitioners shall be provided with the descent citizenship. In addition, the mandamus In case the father and mother both, of the petitioner have acquired the citizenship of Nepal prior to the commencement of this constitution and despite the fact of being such citizenship to be based on birth the offspring of the citizen as such have been entitled for the obtainment of Nepali citizenship on the basis of descent, the constitution has clearly made provision as such. Both the father and mother of the petitioners have obtained the Nepali citizenship certificate prior to the commencement of the constitution of Nepal. it could not be termed otherwise that these petitioners have been entitled to acquire Nepali citizenship certificate on the basis of descent. Page No. 195