be issued to the opponent, the Office of Ward No. 3 of Lalitpur Sub-Metropolitan City, stating to register or get the daughter’s birth registered under the name of mine, the petitioner’s. Interim order also should be issued on the name of District Education Office, Kanibahal, Lalitpur, stating to accept without disapproving the SLC form of daughter, Nikita, despite having no birth registration. The writ petition reads as above. of the Act can be done under the right of the Government of Nepal to release the restriction. Without going towards this common remedy, the writ petitioner has come to the esteemed Court by bringing the writ petition along; hence, there is no condition to issue the order as per claim. As per legal provision, in the situation that even the opponent herself has accepted that there are legal restrictions and hurdles while registering the birth of those like the petitioner’s, no action of affecting any constitutional right of the opponent has been committed by this Lalitpur Sub- Metropolitan City; hence, writ petition should be revoked. Joint affidavit submitted on behalf of the Office of Ward No. 3 of Lalitpur Municipality and on behalf of the Office of Lalitpur Sub- Metropolitan City reads as above. Preliminary order of the Court: Issue summon notice on the names of the opponents, stating that if order is not supposed to be issued as per the claim of the petitioner, submit the affidavit within 15 days, mentioning the base and evidence of this, excluding the time limit of the traveling after the date of this order received. To deprive a studying examinee of the opportunity of the examinations is not justifiable; hence, interim order has been issued in the names of the opponents, stating not to implement or get the letter of District Education Office of the date of 2071/3/19 (July 3, 2014 A.D.) implemented. Order of 2071/3/24 (July 8, 2014 A.D.) reads as above. Mandamus has been issued from the Supreme Court, stating not to refuse the registration of the birth in connection to the children with father’s whereabouts not known, and as per it, by making amendment in Section (A) of Clause 4 of Birth, Death and Other Personal Events (Registration) Act, 2063, Act to Amend Some Nepal Acts to Maintain Gender Equality, 2063, provision is found to have been made by the Ministry of Federal Affairs and Local Development that the head of the family has to inform, a person of the family having age can get the birth and death registered by being informant in this/her absence, and mother of the children whose father’s whereabouts not known can register the birth by becoming the mother the informant by writing description that whereabouts of the father are not known in the Chapter of the father’s details of the Birth Registration Information Form. Hence, the issue claimed by the opponent petitioner as per that has been the issue already addressed by the esteemed Court; hence, the order is not supposed to be issued on the same issue again. Affidavit of the Ministry of Women, Children and Social Welfare reads as above. The writ petitioner has not come up to the Office of Ward No. 3 of this Lalitpur Sub-Metropolitan city. There is the situation that she neither has come to demand any notice and information nor has she filled up birth registration form; the petitioner’s description of the writ petition is not right. On the basis of Birth, Death and Other Personal Events (Registration) Act, 2033 and Birth, Death and Other Personal Events (Registration) Rule, 2034 and of the Directives on the Registration of Personal Events, 2067, given to Local Registrars by Local Development Ministry and of the circulars issued from time to time, registering the individual incidents is the legal duty of the Local Registration Officer. The opponent has not yet submitted to this Office by filling up the prescribed form. As per the petition of the writ petitioner, if there are conditions that her daughter, Nikita, was born due to accident; father’s whereabouts have not been known; father’s nationality has not been known; even if the nationality is known, whether citizenship has been obtained or not has not been known and so on, in the situation that application has been furnished to the Local Body concerned mentioning as per that, for the passage on what and how the Local Registrar can register the birth of such child, there is a way in the Act that the writ petitioner can get the remedy as per the decision of the Government of Nepal as well by making demand for the opinion and directives from the Chief Registrar appointed under Clause 3 of Birth, Death and Other Personal Events (Registration) Act, 2033. As per Clause 16 of Birth, Death and Other Personal Events (Registration) Act, 2033, there is also a situation that implementation This Ministry is not supposed to be made an opponent on the issue that local body has not registered the birth of the daughter of the writ petitioner. Affidavit of Home Ministry reads as above. In order to register the birth of the children with father’s whereabouts not known, circulars have been sent to all the local bodies on date 2062/10/13 (January 26, 2006 A.D.) so that they can register the incident of birth by becoming mother the informant, mentioning the description that address is not available in the Chapter of father’s details of the birth information form, and births are being registered as per that. Similarly, circular was already issued on date 2067/6/14 (September 30, 2010 A.D.) by this Ministry on the issue of registering the birth of the child born in a foreign country, whose father 72 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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