2052/4/4 (July 20, 1995). No Nepali citizen has been
discriminated on the ground of race. Citizenship
certificate has been issued within its jurisdiction
on the basis of surname (family name) according to
the procedure prescribed by the Constitution, Act
and laws and the surname (family name) has also
been corrected accordingly. Therefore, the office has
not committed any act violating any title and rights
of the petitioners and therefore, the writ petition
should be quashed.
petition of the petitioners and therefore, the petition
deserves to be quashed and should be quashed.
District Administration Office Mahottari in its
written reply has stated that if any citizen applies
for citizenship certificate mentioning the name
different form his/her father, the certificate is
provided by mentioning different surname (family
name) or correcting the surname (family name) if
the statement seems to be reasonable. Therefore,
the order as requested by the petitioners should
not be issued against the office and the writ petition
should be quashed.
District Administration Office Panchthar in its
written reply has stated that the office implemented
the provisions mentioned in the writ petition and
the provisions prescribed by the law according
to law. The office has been carrying out its works
promptly and the pleadings made in the petition
are unjust, and therefore, the writ petition should
be quashed.
District Administration Office Dhankuta in its written
reply has stated that citizenship certificate has been
distributed form the office within the purview of
Citizenship Act, 2020 (1963) and the Citizenship
Rules 2049 (1992). While distributing citizenship
certificate pursuant to Schedule 2 of the Citizenship
Rules 2049 (1992), name and surname (family name)
of the citizen should be mentioned, however there
is no mandatory provision for mentioning caste/
race. Therefore, citizenship certificate is issued
by mentioning name and surname (family name)
as requested by the applicant in the schedule.
None is required by the to mention caste/race in
citizenship certificte. If anyone files an application
with the recommendation of Village Development
Committee or Municipality stating that there is
error in the name or surname (family name), it is
also certified that such and such person is the same.
Therefore, the plea of the petitioners concerning this
office is unreasonable and the writ petition should
be quashed.
District Administration Office Arghakhanchi
in its written reply has stated that like other
district administration offices, this office has been
distributing citizenship certificate according to the
Constitution, Citizenship Act and Rules and all legal
provisions concerning to citizenship after making
necessary inquiry upon the form duly filled up. No
discrimination has been made on the ground of
race, tribe or clan. No right of the petitioners has
been violated as mentioned in the petition and the
writ petition should be quashed.
District Administration Office Banke in its written
reply has stated that Dalit communities have
been allowed to write their surname (family
name). Surname (family name) and races/cast
have been corrected without delay to Dalit or any
other Nepali citizen, if it is worthy to be corrected,
after making necessary inquiry if he/she files an
application enclosing necessary evidences stating
that there is mistake in his/her surname (family
name) according to law. None has been compelled
to write caste/race and therefore, the writ petition
concerning this office is unjustifiable and therefore,
should be quashed.
District Administration Office Saptari in its written
reply has stated that while distributing citizenship
certificate from that office it is issued according to
Act, Rules and the circulars issued by the Ministry of
Home under these act and rules. On those matters,
the office has been carrying out its function as per
the circular received from the Ministry of Home with
direction to carry out function as per the decision of
Council of Ministers in different from time to time.
If anyone asks for obtaining citizenship certificate
based on surname (family name) except race/caste
or based on caste the same is provided as per his/her
demand if such person seems eligible for citizenship
by descent. None has been discriminated. Therefore,
the false writ petition should be quashed.
District Administration Office Rasuwa in its written
reply has stated that no constitutional or legal rights
of the petitioners have been violated from any act of
this office. The writ petition filed on fictitious and
subjective grounds is worthy to be quashed in itself
and should be quashed.
District Administration Office Rolpa in its written
reply has stated that the plea of the petitioner that
citizenship certificate has been distributed from
the office by compulsorily mentioning the so called
occupational caste/race, is fictitious and untrue.
The order of mandamus should not be issued in the
petition based on untrue facts. Therefore, the writ
petition should be quashed.
District Administration Office Bajura in its written
reply has stated that in the writ petition filed against
this office the petitioners have not been able to
clearly mention which of the act to be carried out
by this office according to Citizenship Act or Rules
or other law in force on the matters mentioned in
the petition. Therefore, law does not support the
10
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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