15 Bipana Basnet vs Government of Nepal Chaitra 22, 2072 (4th April, 2016) Supreme Court Division Bench Honorable Justice Gopal Parajuli Honorable Justice Govinda Kumar Upadhyaya Decision 071-WO-0903 Subject: Mandamus et al Bipana Basnet, being a resident of ward No 9 of Dharmasthali VDC (Currently Tarkeshwor Municipality) of Kathmandu district, daughter of Dilip Man Singh Basnet currently living at ward No. 32 Dillibazar of Kathmandu Metropolis of Kathmandu district .............................................................................................................................................1 Rinex Basnet, son of Bipana Basnet, a resident of ward No 8 of Kirtipur Municipality of Kathamndu district currently living at ward No. 32 Dillibazar of Kathmandu Metropolis of Kathmandu district ..................................................................................................................1 Petitioner Vs. Nepal Government, Office of Prime Minister and Council of Ministers, Singhadurbar, Kathmandu .....................................................................................................................................1 Nepal , Ministry of Home, Singhadurbar,Kathmandu…………………………….......................1 Nepal Government Ministry of Law, Justice, Constituent Assembly and Parliamentary Affairs, Singhadurbar, Kathmandu ................................................…………………………….....1 Respondent Nepal Government, Ministry of Women, Children and Social Welfare, Kathamndu ................1 District Administration Office, Kathmandu………………………………….......................……..1 Brief facts and order of the present writ petition that has been submitted to upon being fallen within the jurisdiction of this Court as per Article 107(2) of the Interim Constitution of Nepal, 2063 are as follows: responsibilities of nurture and education upon retaining the son/daughter under my patronage. Since father had not nurtured, educated and met, the son kept my surname; and my surname (Basnet) has been kept in school and in all the certificates including character certificates. When we went to District Administration Office, Babarmahal Kathmandu, to make citizenship upon carrying recommendation to make citizenship from Kirtipur Municipality, Ward No. 8 on date 2068/11/30 (March 13, 2012 A.D.), Assistant District Administration Officer struck off the surname, “Basnet”, with pen, of the recommendation furnished stating as Rinex Basnet, and wrote “Adhikari”. When we requested to provide keeping Rinex Basnet Adhikari because the son’s educational certificates would be useless, he reconciled replying that only father’s surname We, the petitioners, are the victims, of being deprived of the rights to obtain citizenship and provide citizenship by own name, which have been conferred by the Interim Constitution as per Article 107 (2) of the Interim Constitution of Nepal, 2063. Of the petitioners, I, Bipana Basnet, had a love marriage with Rabi Adhikari in 2044 B.S. (1987/88 A.D.), and the son, Rinex, was born on date 2051/2/24 (June 7, 1994 A.D.). After the son’s father expelled me from home in 2053 B.S. (1996/97 A.D.), relationship between Rabi Adhikari and me was divorced in Ashadh 30, 2054 B.S. (July 14, 1997 A.D.). I, petitioner, have been carrying out all the 102 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION