in the application mentioned. Upon looking into
the affidavit received from the opponent, the
Home Ministry, as per the decision made on date
2069/10/5 (January 18, 2013 A.D.) from the Deputy
Prime Minister and Home Minister level, stating
to distribute or get the citizenship distributed so
that it could not be against the provisions of the
Constitution and the Citizenship Act, circular is
seen to have been made to all Regional and District
Administration Offices on date 2069/10/7 (January
20, 2013 A.D.). In Point No. 4 of the aforementioned
circular, description is seen to have been mentioned
including that citizenship should be issued to the
children found within the borders of Nepal, but
maternity paternity not identified, through the
identification of the patron by letting it happen
as per that at the time when maternity paternity
is identified later. From this, the present disputed
issue seems to have been addressed.
provision as per Sub-clause (3) of Clause 3 of Nepal
Citizenship Act, 2063 and Sub-article (6) of Article
8 of the Constitution, avoiding the demand of the
petitioner, is not seen to have been based on the
Constitution and law. Therefore, it is decided that
Sub-rule (6) of Rule 3 of Nepal Citizenship Rule,
2063 and Point No. 10 (7) of Citizenship Certificate
Distribution Directives, 2063 are not seen to have
been inconsistent with the Sub-article (3) of Article
8, Articles 13, 22 of the Interim Constitution of
Nepal, 2063 as well as with Sub-clause (3) of Clause
3 of Nepal Citizenship Act, 2063; hence, the writ
petition shall be quashed up to that inconsistency.
Constitutional and legal provision are seen to
have been made in Sub-article (30 of Article 8 of
the Constitution and Sub-clause (3) of Clause 3 of
Nepal Citizenship Act, 2063, stating that the person
found within the borders of Nepal, having paternity
maternity not known, shall obtain the citizenship
on the basis of descent; hence, the decision made
by District Administration Office, Kathmandu, on
the date of 2070/4/9 (July 24, 2013 A.D.), and the
functions and actions connected with that have been
revoked with the Certiorari Order as per Sub-article
(2) of Article 107 of the Constitution. Now, upon the
application form furnished by the petitioner for the
sake of Nepalese citizenship, by looking into the
spirit of the aforementioned Constitution, Act and
Rule, with considering upon the condition of the
Petitioner as well, Mandamus order is decided to
be issued in the name of the opponent, the District
Administration Office, Kathmandu, stating to confer
the by adopting decision needed upon conferring
citizenship of descent by indicating the description
if paternity maternity is not seen to have been
known. In the present case, though issue has been
raised by the opponent, District Administration
Office through the information letter of the date of
2070/4/14 (July 29, 2013 A.D.), despite being able
to decide by examining additional matters on this,
it does not appear that decision has been made as
per this. By simply raising the issue upon the status
and process in connection to the person found
within the borders of Nepal but having paternity
maternity not known, it is not right to say that
the petitioner shall not obtain the citizenship. No
decision is found to have been pronounced by the
District Administration Office either, upon whether
or not the petitioner shall obtain the citizenship as
per the application furnished by the petitioner for
the sake of citizenship. If any condition is seen that
the petitioner shall not obtain the citizenship, it is
the duty of the opponent, District Administration
Office, to assist the Court by sending affidavit and
authorized documents by mentioning the base and
reason of that. By defying the Court order by not
sending even the affidavit, District Administration
In the situation that the aforementioned circular
issued by the Home Ministry has addressed the
present issue, the fact that the petitioner shall
obtain the citizenship is justified. Now, in the
course of hearing of the aforementioned circular,
the opponent, District Administration Office,
can make decision pertaining to the citizenship
upon considering. District Administration Office,
Kathmandu, had to make decision on the issue of
the citizenship of the person who is found within
the borders of Nepal having paternity maternity
not known, which is of the person who makes
demand for the citizenship by fulfilling that process
necessary and appropriate to be ascertained, but it
is not found to have made the decision. Primarily,
District Administration Office is seen to have
avoided the main issue of citizenship by raising
the matter of the process of obtaining patronage by
Prajapati Sharma, the person who has applied by
being the patron of the petitioner addressing in the
direct issue of the citizenship as per the petitioner’s
claim.
As per the provision of Sub-article (3) of Article 8, of
the Constitution, the state is compelled to confer or
get the citizenship conferred to the person having
paternity maternity not known. Pertaining to how
to confer citizenship as per the aforementioned
provision, though the matters of process can
be determined in the directives, unnecessary
conditions or hurdles are not supposed to be raised
so that the substantive matters of Sub-article (3) of
Article 8 of the Constitution are defeated. As per the
aforementioned constitutional provision, process
has to be set so as to simplify the work of conferring
citizenship and the issue of citizenship shall have to
get decided on the basis of that process. Hence, the
decision made on the date of 2070/4/9 by District
Administration Office, Kathmandu, by refusing the
90
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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