S. No. 28 Writ No. 072WO0629 Decision/ Order Date, Publication No. 18th May, 2017 Name of Plaintiff and Defendant Deepti Gurung VS Government of Nepal Case Details Summary of the decision certificate by immediately initiating process regarding which of the descent or naturalized citizenship is to be obtained based on the document evidence. hence, no person shall have to be rendered in the condition of without citizenship. it is justified in the present petition that Sarita Pradhan, the mother of the petitioner, Aditya Gupta, was a Nepalese citizen at the time of his birth, upon obtaining Nepalese citizenship, and upon being born in Nepal, this petitioner has been permanently residing in Nepal; and there is not condition that this petitioner has obtained citizenship from his father’s country of citizenship, India either; hence, it is seen that he shall obtain naturalized citizenship of Nepal. Hence, it is decided that mandamus order shall be issued on the name of the opponent previously the Office of the Village Development Committee (presently the Office of the Ward No. 15 of Gokarneshwar Municipality) as well as on the name of the Secretary of the same to provide recommendation to him for the sake of obtaining citizenship certificate and on the name of the Government of Nepal, Ministry of Home Affairs and District Administration Office, Babarmahal to provide citizenship certificate to him based on documents including the aforementioned recommendation by fulfilling necessary process as per law. Of the petitioner, I Deepti Gurung and my daughter Neha Gurung have been living in ward No.3 of Lalitpur Sub-Metropolitan City of Lalitpur district. Of the petitioners, the father of mine, Neha Gurung, has not been traced and mother is a Nepalese citizen. The Constitution and law have made clear provision that if either of the father or mother is a Nepalese citizen, his/her child shall be the citizen of Nepal; however, because the petitioner’s father has not been identified, I have been deprived of obtaining the citizenship certificate of Nepal, and due to the oral order of the opponents, condition has emerged to expunge my identity. it is requested to issue order of mandamus including other appropriate orders that I should be provided with citizenship through my mother’s name. Also, issue the order of mandamus and other required appropriate orders in the names of the opponents, stating that The clause stating “resident of... address not traced” in the third line of family record form and stating “daughter of Mr. Thegan Nabhaeko [not identified]” should be revoked with the order of certiorari. According to Article 11(5) of the Constitution of Nepal and Section 3 (1) of Citizenship Act 2063, any person born in Nepal from mother or father either one born in Nepal is eligible for citizenship of Nepal. As the Constitution and laws have clear provisions that the person whose one of the father or mother is a citizen of Nepal at his or her birth, who is residing in Nepal and whose father has not been identified, shall be provided with the citizenship of Nepal by descent and it is being clearly seen from the evidences attached to this case file that these petitioners are the Nepalese citizens who were born in Nepal from Nepalese mother, it is not just to create sitution to wipe out the identity by depriving the daughter, Neha Gurung, of the petitioners, of obtaining citizenship certificate of Nepal, simply because father has not been identified. obtaining citizenship through mother’s name, there are clear provisions made in the Constitution and Nepal Citizenship Act; furthermore, directive orders have also been issued by the Supreme Court. It is equivalent to the breach of law by the law implementation body to refuse citizenship through mother’s identity in different pretexts. Hence, it is also a responsibility of the Government of Nepal, and all the concerned bodies under it, to extend support to those who wish to obtain citizenship through mother’s name by fulfilling prescribed procedures as per law, therefore, it appears that their responsibilities have to be readily implemented practically. Page No. 175