as per the legal provision of Clause 3 (1) of Nepal Citizenship Act, 2063; hence, procedure is seen to have been prescribed as per mentioned above. Mentioning the reason that the petitioner’s father, upon being not in contact for a long time, has been in disappeared condition, petitioner is found to have explained his description and compulsion stating that he could not present the citizenship issued on the father’s name and the father, and that local body has not provided recommendation to expose birthplace and relationship due to that reason. For the Nepalese citizens who cannot submit evidence as per Rule 3 (1) of Nepal Citizenship Rule, 2063, or in the present case, after the petitioner has not been able to submit the recommendation or birth registration certificate to the local body as per Rule 3 (1) (B) of Nepal Citizenship Rule, 2063, it is seen that citizenship certificate can be provided by fulfilling the documents or procedure as per Following (A) and (B) of Sub-rule 2 of Rule 3 of Nepal Citizenship Rule, 2063; but, this procedure is not seen to have been adopted in this either. The act of not providing citizenship without showing appropriate reason cannot be deemed appropriate; hence, measures of simplification and facilitation shall have to be searched in the act of providing citizenship as per legal provision; the act of not providing citizenship without the decision along with the reason, delaying in making decision on whether the citizenship is to be provided or not cannot be an appropriate way for the implementation of law. Due to the condition that citizenship No. 9194/2044, Makwanpur, the mother of the petitioner, Gopal Khanal, has been ready to stay for identification stating that Badri Prasad Khanal, citizenship No. 3640/025 Kathmandu is the father of the petitioner; as father’s name is seen to have been mentioned in character certificate and mark sheet of the petitioner, Gopal Khanal, as Badri Prasad Khanal, Bishal Nagar-4 Kathmandu, it is decided that mandamus order shall be issued on the name of the opponent, District Administration Office, Kathmandu, to provide citizenship certificate unless the description explained or claimed by the petitioner is not seen otherwise, by adopting the procedure including examining spot investigation as soon as possible as per Rule 3 (2) (A) and (B) of Nepal Citizenship Rule, 2063 as well. Moreover, in connection to the citizens of this nature, particularly, to those whose father, upon being a Nepalese citizen, has not come into contact or has been disappeared or to those who are in the condition of the fathers being reluctant to get their children provided with citizenship, and to those who wish to obtain citizenship mentioned father’s name, surname as well, if mother or close relative give consent to bear liability by staying for identification, it is seen necessary to pay proper attention towards what, what kinds of appropriate and proper measure can be there to ease and simplify regarding providing citizenship to any Nepalese citizens who want to obtain citizenship adopting necessary and appropriate procedure of including Rule 3 (2) of Citizenship Rule, 2063. Generally, in order to make the legal provisions to obtain citizenship by the citizens simplified, easy and comprehensible, by paying attention to the following matters, besides other things, this directive order has also been issued on the name of the opponent, the Ministry of Home Affairs to arrange necessary provisions to provide citizenship certificate easily by issuing circulation on the names of all the Chief District Officers nationwide. 1. By making full simplification and transparent in the use and complying with the procedure of obtaining Nepalese citizenship certificate as per Nepal Citizenship Rule, 2063, quickly and effectively, collect the official evidence on whether one is a Nepali or not, and finding out other measures of facilitation as per law, manage or get it managed as per this. 2. If citizenship cannot be provided, make or get the order or decision made along with its reason. 3. If it is to be additionally examined or imported from any Body or submitted any evidence by the petitioner regarding whether the citizenship is to be provided or not, examine, import or get it submitted, examined and imported. 4. Make legal ground and procedure and the evidence to be submitted to obtain citizenship comprehensible by mentioning at the bottom of the (Schedule-1) form to be submitted. Provide the information of this order to the opponents through the Office of Attorney General. Submit the document file, striking off the record of the case file. Justice I agree with the aforementioned opinion. Justice Bench officer: Harka Bahadur Chhetri Computer typist: Ramesh Acharya Done on Monday on the day 22nd of the month of Chaitra in the year 2072 B.S. (Monday, April 4, 2016 A.D.) ……..……………… 114 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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