District Administration Office Dadeldhura in its
written reply has stated that in the Section 3 of the
Citizenship Act, 2020(1963), Rule 3 and Schedules
1 and 2 of the Citizenship Rules, 2049 (1992), there
is provision of mentioning name and surname
(family name) while issuing citizenship certificate.
Regarding to the plea that compulsion has been
made arbitrarily to mention caste/race disregarding
the legal provisions, the office has been distributing
citizenship certificate in prompt and easy manner
under the limitation of Citizenship Act, 2020 (1963),
Citizenship Rules, 2049 (1992) and the Directives
issued from the Ministry of Home Affairs. The
statement of the petitioners is false and therefore,
the petition should be quashed.
been issuing citizenship certificate to the people of
Dalit Communities by compulsorily mentioning
the so called occupational caste/race violating
the international treaties, conventions, rights
guaranteed by the Constitution of the Kingdom of
Nepal and the decision of His Majesty’s Government
dated 2052/4/4 ( July 20, 1995) to distribute
citizenship certificate based on surname (family
name). Because of such act, there is no situation for
the people of Dalit communities to live a dignified
and respectful life in society. Therefore, to create the
situation for the people of Dalit community to live
a dignified and respectable life, the petitioners have
urged for issuing an order of Mandamus in the name
of respondents to issue citizenship certificate based
on surname (family name) and make correction
in the citizenship certificate based on surname
(family name). The respondents, in their written
replies, have stated that the citizenship certificates
have been issued according to the Constitution of
the Kingdom of Nepal, 2047 (1990), Citizenship
Act,2020(1963), the Citizenship Rules, 2049 (1994),
Rules Regarding to the Correction of Name and
Race/Caste, 2017 (1960), direction made by His
Majesty’s Government from time to time and the
decision of His Majesty’s Government, Council
of Ministers dated 2052/ 4/4 (July 20, 1995). No
discriminatory act has been committed as stated in
the petition by the petitioners, like discriminating or
issuing citizenship certificate causing them to write
race/caste compulsorily. Therefore, the writ should
not be issued. The writ petition should be quashed.
In this writ petition, scheduled in the daily
cause list and presented before the bench for
delivering judgment, the learned advocates
Gomati Sunar, Bhoj Man Lamgade, Rajan Sunar,
Bimal Bishwokarma, Arjun Kumar Bagale, Shyam
Kumar Bishwokarma, on behalf of the petitioners
argued that the respondents have been providing
citizenship certificate to the people of Dalit
Communities compulsorily mentioning the so
called professional caste which is in violation of
the international treaties, conventions, rights
guaranteed by the Constitution of the Kingdom of
Nepal and the decision of His Majesty’s Government
dated 2052/4/4 (July 20, 1995) to provide citizenship
certificate on the basis of surname (family name).
Because of such act, there is no condition for the
people of Dalit communities to live a dignified and
respectful life in society. Therefore, to create the
condition for the people of Dalit community to
live a dignified and respectable life, it is requested
to issue the writ/order of Mandamus in the name
of respondents to issue citizenship certificate based
on surname (family name) and also make correction
in the citizenship certificate based on surname
(family name). On behalf of the respondents, Joint
Government Attorney Saroj Prasad Gautam has
stated that the citizenship certificates have been
issued/distributed not on the basis of caste/race as
contended by the petitioner. Citizenship certificate
has been provided on the basis of surname (family
name). His Majesty’s Government, Council of
Ministers has also decided and issued circulars to
the concerned bodies to issue citizenship certificate
based on surname (family name). Therefore, there
is no any relevancy of the writ petition and it
should be quashed. Pursuing the above-mentioned
arguments the court has to decide whether or not
the writ should be issued as per the petition of the
petitioners.
Going through the writ petition, the petitioners have
requested for issuance of order of mandamus to issue
citizenship certificate on the ground of surname
(family name) and make correction accordingly.
In Section 3 (A) of Citizenship Act, 2020 (1964) it is
stated that “A person who desires to obtain Nepalese
citizenship certificate under Article 8 or Clauses
(1), (2) or (3) of Article 9 of the Constitution may
make an application to such authority and in such
format as may be prescribed; and the prescribed
authority shall grant the certificate in the prescribed
format to that person if the applicant is found to be
eligible to obtain the citizenship certificate, after
holding an inquiry into the matter as prescribed.”
Likewise, in the Rule 3 (1) of the Citizenship Rules
2049 it is stated that if a citizen of Nepal intends
to obtain the certificate of citizenship of Nepal,
such a citizen shall have to make an application,
accompanied by the recommendation of the
Chairman of the concerned District Development
Committee, President or Vice President of Village
Development Committee or Gazetted Officer of His
Majesty’s Government or Officers of Royal Service,
to the concerned Chief District Officer, in the format
referred to in Schedule-1. Likewise, in Rule 3(3)
To consider about the decision the petitioners
have urged for issuing the writ of mandamus in the
name of respondents stating that respondents have
11
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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