1987 A.D.) and Asim Sapkota on 2050/11/4 (February 16, 1994 A.D.), are the children of Nepalese citizen Anita Sapkota, a resident of Ward 32 of Kathmandu Metropolitan City, and their father, Shamim Siddiqi, has not come to their contact and has disappeared since 2053/8/6 (November 21, 1996 A.D.). It is found to have been mentioned in the aforementioned spot investigation description that on 2041/3/5 (June 18, 1984 A.D.), petitioners’ mother got married to Shamim Siddiqi, who used to say that his house was in Bara district, Dumarwan Village Development, after the births of the petitioners, petitioners’ father walked away from Kathmandu on date 2053/8/6 (November 21, 1996 A.D.), saying that he would go to his house; and he could not be traced even upon searching out. The writ petitioners’ mother, Anita Sapkota, has exposed that she had obtained the citizenship of citizenship certificate No. 1470/7730 by descent from District Administration Office, Kathmandu on date 2041/1/21 (May 3, 1984 A.D.); hence, there seems not dispute that their mother is and has remained Nepalese citizen by descent. In Schedule 1 of the aforementioned Rule, format of application is found to have been prescribed to submit application in front of the prescribed official to obtain citizenship certificate of Nepal by a person who is qualified to become a citizen of Nepal. As per the aforementioned constitutional and legal provisions to obtain citizenship certificate, it seems that any person who is born from any person of father or mother who was a Nepalese citizen shall be qualified to obtain citizenship of Nepal. In Section (B) of Article 8 (2) of the Interim Constitution of Nepal, 2063, without stating “father and mother” but clearly stating “father or mother”, a mother is also conferred with the right and status equal to the father; hence, it is seen that even if anyone of father or mother is a citizen of Nepal, such person can obtain citizenship of Nepal. Condition is also not found in the present case so that the opponents could say that the writ petitioners did not possess the qualification prescribed by the Constitution and law for the sake of obtaining citizenship. From the affidavit of the respondent District Administration Office, it is seen that the citizenship was not conferred simply on the ground that it was not traced whether father was a Nepali or a foreigner, and that parents’ marriage was not seen to have been registered, and that procedure prescribed for obtaining citizenship was not fulfilled. It is not seen that the opponents’ affidavits could not explain all the facts about what kind of procedure were not fulfilled, by remaining on legal ground. From the replica copy of the citizenship certificate of Anita Sapkota, spot investigation deed carried out by Ward No. 32 of Kathmandu Metropolitan City and the form filled up as per Schedule 1, the condition of the matter is being justified that the petitioners had gone to District Administration Office for the sake of obtaining citizenship certificate, along with the replica copy of the citizenship certificate of Nepal obtained by mother Anita Sapkota based on descent and by filling up Schedule form including spot investigation deed carried out by Ward No. 32 of Kathmandu Metropolitan City. From this, it is found that the statement of the District Administration Office that procedure as per law was not fulfilled in the application submitted by the petitioners for the sake of citizenship is being rebutted in itself. While seeing regarding the provisions made in our Constitution and law regarding citizenship, in Subarticle 1 of Article 8 of the Interim Constitution of Nepal, 2063, provision that the persons who have obtained the citizenship of Nepal at the time of commencement of the Interim Constitution and who are qualified to obtain citizenship of Nepal has been made, whereas, in Sub-article 2 provision that the person who has permanent settlement in Nepal at the time of commencement of Interim Constitution, and who has obtained the citizenship of Nepal by descent, and if father or mother was a Nepalese citizen at the time of the birth of a person, such person shall become the citizen of Nepal is seen to have been made. In Sub-clause (1) of Clause 3 of Nepal Citizenship Act, 2063, provision that if father or mother was a citizen of Nepal at the time of birth of a person, such person shall become a citizen of Nepal by descent is found to have been made, whereas, procedure to be adopted for the sake of obtaining citizenship certificate by a person who is qualified to become a citizen of Nepal as per Constitution and law is found to have been determined in Clause 8. As per Sub-rule (1) of Rule 3 of Nepal Citizenship Rule, 2063, in order to obtain citizenship certificate of Nepal by descent, provision is seen to have been made to become as follows: So far as of seeing the statement of the opponent that citizenship certificate was not conferred based on whether the petitioners’ father was from home country or a foreigner, the Constitution and law have already made the provision that the persons who have been residing in Nepal upon being born from a Nepalese citizen mother can obtain citizenship by mother’s name; in this condition, to render a person, who is qualified to obtain citizenship as per Constitution and law, without citizenship by raising question whether the father was from home country or a foreigner, refusing to confer citizenship certificate, cannot be deemed (A) Should be over 16 years of age; (B) Should have father or mother or the relative within three generations towards one’s descendent who has obtained citizenship certificate of Nepal; and (C) Should have birth registration certificate recommended by Village Development or Municipality, exposing birthplace and relation, 100 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION