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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