have not been compelled to write their so-called
occupational casts. Likewise, the office has not
disregarded the circular issued as per the decision of
His Majesty’s Government dated 2052/4/4 (July 20,
1995) and has not let it to be ineffective/unenforced.
Therefore, the rights of the petitioners provided by
the Article 11, 12(1) of Constitution of the Kingdom
of Nepal and other laws have not been violated and
the obligations imposed by them have not been
defied/disregarded. Therefore, the statement of the
writ petition is fictitious and untrue and the writ
petition should be quashed.
Nepal, Citizenship Act and Nepal Citizenship Rules
and the directions of His Majesty’s Government,
Ministry of Home from time to time regarding
to providing citizenship certificate to Nepalese
citizens. It is also requested that the complete
answer regarding to this shall be received from the
Ministry of Home Affairs.
District Administration Office Sindhupalchok
in its written reply has stated that citizenship
certificate has been issued to the people of Dalit
communities mentioning the surname (family
name) as requested by them and the surname
(family name) have also been corrected in the
previously issued citizenship certificates if someone
files an application requesting for it. Likewise, apart
from the subject of maintaining surname (family
name) mentioned in the writ petition, the office has
not made discrimination against the Dalits and they
have not been deprived to do any act. Therefore,
the writ petition filed against the office should be
quashed.
District Administration Office Kabhrepalanchok in
its written reply has stated that the office has not
made discrimination on the grounds of race/cast
while performing the acts to be carried out by this
office. The Dalit communities have not been treated
as second-class citizens on the ground of race/cast.
The practice of treating as untouchable has been
discouraged. The office has been providing service
to the people by maintaining tribal surname (family
name) rather than maintaining occupational caste
to those who have come to do so. In the documents
including citizenship, the surname (family name)
established from the evidences submitted has been
maintained. The office has not compelled anyone
to write the occupational caste and the decision of
His Majesty’s Government has been fully complied
with. No any act has been done to degrade the Dalits
or violate their human rights. Therefore, the writ
petition should be quashed.
District Administration Office Salyan in its written
reply has stated that the subject matter of the writ
petition is outside the jurisdiction of that office
and the writ petition filed making opponent to the
office is unjust in that part and therefore should be
quashed.
District Administration Office Parbat in its written
reply has stated that the office has performed
its functions fully complying with the law. The
office has not got any information about the acts
mentioned in the writ petition and the writ petition
filed against the office should be quashed.
District Administration Office Bhaktapur in its
written reply has stated that the office has not
done any act mentioned in the writ petition. It is
also stated that the citizenship certificates have
been provided as per the provisions of Nepal
Citizenship Act, 2020 (1963) and Nepal Citizenship
Rules, 2049(1993) and that the office has not issued
citizenship certificate arbitrarily disregarding the
provisions of law until this date and the writ petition
is fictitious and wholly false and therefore, should
be quashed.
District Administration Office Solukhumbhu in
its written reply has stated that the office has not
received any information about the existence of the
problems mentioned in the paragraph 4 of the writ
petition. The office has not made any discrimination
but treated all people equally. Likewise, the office
has been carried out its functions according to
the Universal Declaration of Human Rights, 1948,
International Covenant on Civil and Political Rights
1966, Constitution of the Kingdom of Nepal, 2047
(1990) Muluki Ain, 2020 (1963), Citizenship Act, 2020
(1963) and other laws in force. No discrimination
has been made against the people of Dalit and
backward communities on social, political and
economic grounds. Therefore, the writ petition
should be quashed.
The Office the Prime Minister and Council of
Ministers in its written reply has stated that the
petitioners have not been able to mention clearly
about which of their rights have been violated
from which act of that office. The writ petition filed
making the office respondent without any ground
deserves to be quashed and therefore should be
quashed.
District Administration Office Kailali, Dhangadhi, in
its written reply has stated that there is no question
of creating problems from this office relating to
problems raised by the petitioners in the writ
petition. The office has been helping people for
getting the facilities provided by the state. The office
has not deprived them from the remedies falling
District Administration Office Jumla in its written
reply has stated that the citizenship certificates
have been issued to Nepali citizens pursuant to the
provisions of the Constitution of the Kingdom of
7
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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