petitioner, Bipana Basnet, with Rabi Adhikari in
2044 (1987/88 A.D.), Rinex Basnet was born on
2051/2/24 (June 7, 1994 A.D.); father and mother got
divorced on 2054/3/30 (July 14, 1997 A.D.); then, the
father did not nurture, educate, meet including the
child; hence, all the certificate including character
certificate have been obtained from school by
retaining mother’s surname, “Basnet”, by the son’s
wish. Similarly, “Rinex Basnet” has been mentioned
in the birth registration certificate obtained from
the Office of Kirtipur Municipality. When they
went to Kathmandu District Administration Office,
Babarmahal, Kathmandu on date 2068/11/30
(March 13, 2012 A.D.) by obtaining recommendation
from Kirtipur Municipality, Ward No. 8 to make
citizenship, Assistant District Administrator working
there struck off, with pen, the surname “Basnet”
mentioned in the application, which was furnished
stating that citizenship should be provided as per
the recommendation, and wrote “Adhikari”. Hence,
when requested to provide citizenship by keeping
“Basnet Adhikari” because educational certificates
would be useless, he did not provide, but said that
only father’s surname should be kept if citizenship
by descent was to be obtained; citizenship was not
provided by mother’s surname, Basnet surname;
hence, present writ was filed because there was no
alternative way. When the petitioner tried to obtain
by keeping surname of mother’s identity, it was not
right to prevent so as not to obtain that identity.
The opponent did not have the authority to prevent
by not providing citizenship to the petitioner who
tried to retain mother’s identity surname only due
to that reason; hence, mandamus order should be
issued to provide the opponent with citizenship as
per petition claim.
In this, petition claim is seen to have maintained
that upon having love marriage of the petitioner,
Bipana Basnet, with Rabi Adhikari on date 2044
(1987/88 A.D.), petitioner, Rinex Basnet, was born
on 2051/2/24 (June 7, 1994 A.D.); after the divorce
of the parents on 2054/3/30 (July 14, 1997 A.D.),
the petitioner, Bipana Basnet, has been looking
after, educating the child, and all other certificates
including character certificate have been acquired
from school by retaining mother’s surname,
“Basnet” as per the son’s wish, and “Rinex Basnet”
has been mentioned in birth registration certificate
received from Kirtipur Municipality; hence, he
wants to obtain citizenship by retaining mother’s
surname, “Basnet”. Similarly, petition claim is seen
to have maintained that even upon requesting to
provide citizenship by mentioning “Rinex Basnet
Adhikari” by the surnames of both of mother and
father, citizenship was not provided saying that only
father’s surname should be kept if citizenship by
descent was to be obtained; hence, mandamus order
should be issued. In the applicant’s name, surname,
and date of birth in the birth registration certificate
issued by the Office of Kirtipur Municipality on date
2068/11/30 (March 13, 2012 A.D.), Rinex Banset, son
of Mr. Rabi Adhikari and Mrs. Bipana Basnet, date of
birth 2051/2/24 (June 7, 1994 A.D.) is found to have
been mentioned. In character certificate provided
by the school and in S.L.C. mark sheet, Rinex Basnet
is seen to have been mentioned. In Clause 9 of Birth,
Death and Other Personal Events (Registration) Act,
2033, it is found that “the registration certificate
provided as per Clause 6 shall be an evidence that
personal event has occurred and such evidence
can be submitted to any office or court and used in
personal transaction.” Mainly, upon looking into
the petitioner’s petition description and certificate,
condition is seen that the petitioner has wanted to
mention the surname in the citizenship according to
the surname birth certificate and various certificates
of the school.
Pleading was heard, which was made by learned
joint attorney, Mr. Shyam Kumar Bhattarai, present
on behalf of the opponent, stating that in the context
of the issue of providing citizenship of Nepal by
mother’s name, on the writ petition of writ No. 0703
of the year 2067 B.S. having including Sabina Damai
as petitioner, directive order was issued by the
Supreme Court on date 2067/11/15 (February 27,
2011 A.D.) on the name of Ministry of Home Affairs
to provide the petitioner with citizenship of Nepal
by mother’s name as per law, arrange necessary
provisions by issuing circulation on the names of all
the C.D.Os. nationwide to easily provide citizenship
certificate by mother’s name by fulfilling rule and
procedure of Nepal Citizenship Act, 2063 and Rule
of the same if the children were born from Nepalese
citizen mothers; and circulation was made to all
the District Administration Offices for the sake of
its implementation; hence, there was no condition
to issue re-order on the same issue; hence, the writ
petition should be revoked.
As per above, that having claim including that the
petitioner, Rinex Basnet, should be provided with
citizenship by descent because both the parents
are Nepalese citizens as per Clause 3 (1) of Nepal
Citizenship Act, 2063, and petition claim is seen
to have maintained that while trying to obtain
citizenship by mentioning mother’s name, Basnet,
he could not obtain; and upon the application
submitted to the District Administration Office by
the petitioner that citizenship of Nepal should be
granted, it does not appear that decision was made
by explaining any ground, reason for not providing
citizenship or order issued along with reason if
other procedure had to be adopted regarding
the citizenship. In Sub-rule (1) of the Procedure
of Obtaining Nepalese Citizenship Certificate by
105
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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