get identification made by the patron. The provision of patronage, if father or mother or any relative of the same family having reached the age is not alive or despite being alive, there is no condition that the legal provision, made relating to the patronage in connection to the children of not being able to be nurtured and looked after due to physical or mental inability, can fulfill the necessity for the sake of conferring citizenship to the minor, whose paternity/maternity is not known. Furthermore, it is very rare in Nepal to verify that any particular person has nurtured the minor, whose paternity/ maternity is not known by obtaining patronage as per prevailing law. Offices to issue the citizenship so as not to be against the Interim Constitution, 2063, Nepal Citizenship Act, 2063 and Rule of the same, 2063 as well. In point No. 4 of the aforementioned circular, descriptions have been mentioned including “to issue citizenship as per Rule with the patron’s identification to the children found within border of Nepal but having paternity/maternity not known by letting it happen as per that during the time when paternity, maternity is traced later on; and to leave empty (-), keeping the record of the issue of parents’ not traced in the record only, by mentioning nothing in the chapter of parents in the citizenship; hence, present writ petition should be revoked. Affidavit submitted on behalf of the opponent, Home Ministry, reads as above. Hence, Sub-rule (6) of Nepal Citizenship Rule, 2063 and Point No. (7) of Citizenship Certificate Distribution Directives, 2063 have been inconsistent with including Sub-article (2) (3) of Article 8, Article 10, Sub-article 12, Sub-articles (1) of Article 12, Sub-articles (1), (2), (3) of Article 13, Sub-article (1) Article 22 of the Interim Constitution of Nepal, 2063 and Sub-clause (3) of Clause 3 of Nepal Citizenship Act, 2063, hence, should be declared invalid and void to the extent of that inconsistency as per Subarticle (1) of Article 107 of the Constitution, and in the situation of the identification made by Prajapati Sharma (Timsina) by attaching his citizenship as per law, Mandamus order should be issued on the names of the opponents, the Home Ministry and the District Administration Office, Kathmandu as per Sub-clause (2) of Article 107 of the Constitution, stating to get the citizenship provided as per law. Furthermore, under the public litigation dispute, in connection to the children having paternity/ maternity not known within the borders of Nepal and of the condition of having no patron at all, street children, children of the condition of having no patronage of Bal Mandir, orphanage or organization or patron that provides patronage for children, Mandamus and the order whichever is needed should be issued on the names of the opponents, stating to get the citizenships provided easily by making procedures even in the situation that the patrons have not made identification. Writ petition reads as above. In Sub-article (3) of Article 8 of the Interim Constitution of Nepal, 2063, provision has been made to write the patron’s name for every minor found within the borders of Nepal, whose paternity/ maternity is not known in the situation of his/ her father or mother has not been found, in the place of writing parents’ names in the citizenship certificate, mentioning the same description; hence, present writ petition should be revoked. With this description, affidavit submitted on behalf of the opponent, Ministry of Law, Justice, Constituent Assembly and Parliamentary Affairs reads as above. In Sub-article (3) of Article 8 of the Interim Constitution of Nepal, 2063 and Sub-clause (3) of Clause 3 of Nepal Citizenship Act, 2063, there are clear provisions that every minor found within the borders of Nepal, whose paternity/maternity is not known, shall be considered as Nepalese citizen on the basis of descent until his/her father or mother is traced. The issue of Rule and Procedure challenged by the petitioner has been made so that it can be easy to implement the provision contained in the Constitution and in the Act. No issue about creating or breaching the rights of any person is raised by this. Sub-rule (6) of Rule (3) of Citizenship Rule, 2063 has not hooked against conferring citizenship of descent to the person, whose paternity/maternity is not known, indicating the description, stating that his/ her paternity/maternity has not been known and found, cannot be said to be against humanitarian honor and dignity. Affidavit submitted on behalf of Office of the Prime Minister and the Council of Ministers reads as above. In this, send for affidavits within 15 days. As present issue has included the issue of including paternity and maternity, being connected with Nepalese citizenship; this writ petition is seen to be decided instantly; hence, preference has been given. Order of this Court, of the date of 2070/5/26 (September 11, 2013 A.D.), reads as above. The function of making procedures relating to citizenship distribution does not fall within the jurisdiction of this Ministry; hence, present writ petition should be revoked. Affidavit submitted on behalf of the opponent, Women, Children and Social Welfare Ministry reads as above. As per the decision of the level of honorable Deputy Prime Minister of the date of 2069/10/5 (January 18, 2013 A.D.), circular was already made on date 2069/10/7 (January 20, 2013 A.D.) to all Regional Administration Offices and District Administration 86 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION