District Administration Office Kathmandu in its
written reply has stated that the petitioners have
not been able to claim clearly that which person of
which community has been deprived at what time
of providing what types of documents. The law has
not also made mandatory provision for obtaining
the documents including citizenship certificate
based on caste. The writ has been filed based only
on probability and therefore, should be quashed.
writ should not be issued. The writ petition should
be quashed.
District Administration Office Bardiya in its written
reply has stated that the office has been providing
citizenship certificate without any discrimination
on the ground of race, religion, gender, and place
of origin and in simple and easy manner to all
Nepalese citizens who have filled up application for
obtaining citizenship certificate upon examining
the application whether it is duly filled up or not.
The citizenship certificate are issued pursuant to
the provision of law in force, directives and circulars,
on the ground of basic evidences establishing the
name, caste, surname (family name), address and
the evidence of descent. None is deprived of the
access to public places to use openly. The office
has not made any discrimination on the ground of
caste, race, discrimination of untouchability has
not been practiced, and no one has been compelled
to mention race and surname (family name).
Therefore, the writ petition should be quashed.
District Administration Office Morang in its written
reply has stated that no act has been committed
from that office as stated in the writ petition and all
the citizens have been treated with respect and the
order of Mandamus should not be issued. The writ
petition should be quashed.
District Administration Office Manang in its
written reply has stated that no any act on the
subjects mentioned in paragraphs No. 3, 4, 5, 6,
7, 8, 9, 10, 11 and 12 Articles 11, 12, 23 and 88 (2)
of the Constitution of the Kingdom of Nepal has
been committed from the office. The writ petition
filed mentioning the false and untrue description.
Therefore, the writ of mandamus should not be
issued and the writ petition should be quashed.
District Administration Office Humla in its written
reply has stated that the office has been providing
citizenship certificate mentioning the name and
surname (family name) based on the particulars
including name, surname (family name) mentioned
in the application form, the recommendation and
the evidence corroborating these particulars. Such
applicants have not been compelled to mention
occupational caste. No Dalit has come to file
an application, until date, to obtain citizenship
certificate claiming the surname (family name)
similar to that of another communities as mentioned
in the paragraphs 3, 4 and 10 of the writ petition.
No information has been received in this office
regarding the problems being created against the
Dalits to cause them suppressed and disturbed on
the grounds of caste or race. The social harmony has
been sustained according to the Constitution of the
Kingdom of Nepal with due regard to the existing
social and cultural practices and no complaint has
been made by any individuals or organizations
for the settlement of disputes arisen on these
grounds in the administrative bodies. Therefore,
no act or wrongs, as mentioned in the petition, has
been committed from this office and the false writ
petition should be quashed.
District Administration Office Dailekh in its written
reply has contended that it has been obvious form
that fact that the citizens of Dalit communities have
obtained the citizenship certificate mentioning the
surname (family name). The president Dil Bahadur
Bishwokarma of the donor agency advocating for
the same community, and others making false and
fictitious blame against the office being indifferent
toward the enforcement of the decision of the His
Majesty’s Government filed this writ petition. They
have stated that the respondents while providing
citizenship certificate, arbitrarily compelled to
mention caste/race disregarding the provisions of
Citizenship Act, 2020 (1963) and the Citizenship
Rules 2049 (1993) have sustained the condition of
being victimized of discrimination based on race
(caste) and have not let to live a life with dignity. The
writ petition is baseless and worthy to be quashed.
Therefore, the writ petition should be quashed.
District Administration Office Mustang in its written
reply has stated that the office has been carrying
out its work keeping all equally in view and no
act of social suppression; economic exploitation,
political exclusion and exploitation of labor have
been committed from the office. The writ petition
filed by the petitioners is unjust, based on prejudice
and therefore, should be quashed.
District Administration Office Rupandehi in its
written reply has stated that the office has issued and
distributed the citizenship certificate to the persons
who are eligible to acquire the citizenship by descent
according to the Constitution, Citizenship Act, Rules
and directions received from the superior offices.
The Dalit communities with various surnames
(family names), who have filled up forms duly
according to Act, Rules and circulars have not been
deprived to write their surname (family name) and
District Administration Office Bhojpur in its written
reply has contended that no discrimination has
been made against Federation of Non Governmental
Organization and equal treatment have been made
to all by treating them respectfully and therefore, the
6
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents