national and a relationship verifying certificate that would signify that he was indeed the father of these petitioners. In such a void, they have lied in filing writ petition that they have been denied of citizenship. Hence, this writ petition is quashable. accompanied by documentary evidence that Madhav Nagarkoti is actually their father. In this light, it has to be adjudged whether the petitioners are entitled to obtain citizenship certificate or not till that formality is met with. Upon mulling over decision after listening to the above arguments, a decision has to be made on whether an order as sought in the present case of writ petition needs to be issued or not. Here, it seems that the petitioners Bhola Nagarkoti and Shanti Nagarkoti are offspring of Dhana Nagarkoti. The mother of petitioners, viz. Dhana Nagarkoti has conceded that her husband Madhav Nagarkoti has been missing since Bhadra of 2050 (September, 1993) and there is no information on his whereabouts till date. From the writ petition and the corresponding written replies, it is known that the petitioners had applied for citizenship from the mother’s name at the District Administration Office, Kathmandu. Through the recommendation of Chalnakhel VDC of Kathmandu district, birth registration certificates, it is held that the petitioners are offspring of Dhana Nagarkoti who was born at Kirtipur Municipality, Ward No. 15, Kathmandu district and who has received a citizenship certificate by descent vide No. 052/2163 on 2063-12-09 (23.03.2007) by stating her permanent address as Chalnakhel VDC, Ward No. 08 of Kathmandu district. Though the name of father has been cited, as there is nothing to prove that the father and mother were indeed in a relation, the petitioners have been denied Nepali citizenship certificate by far under the pretext that they have failed to produce their relation verifying certificate with the said father and that they shall be granted one only when they produce document of relationship verification between the father and mother as well as father and offspring. As such, this writ petition has been filed. Upon delving at the verdict, a ruling has to be pronounced on whether an order as sought in the present case of writ petition needs to be issued or not which includes the demand for a mandamus for providing citizenship certificate by descent from the name of mother to the victim petitioners as they have been orally denied one when they tried to obtain citizenship from the name of mother since their father has been missing. It is shown from the recommendation of Chalnakhel VDC of Kathmandu district, birth registration certificates and letter that the petitioners are offspring of Madhav Nagarkoti and Dhana Nagarkoti who have been permanently residing at Chalnakhel VDC, Ward No. 08 of Kathmandu district who were also born and raised there. From their birth registration certificates, it is seen that the petitioners Bhola Nagarkoti and Shanti Nagarkoti are born on 2048-10-07 (31-01-1992) and 2049-11-10 (21-021993) respectively. Though their father’s name is stated as Madhav Nagarkoti, both the petitioners and their mother have conceded that he is still missing. In its written reply, District Administration Office, Kathmandu has asserted that as soon as the petitioners file an application for citizenship accompanied by the photocopies of citizenship certificates of their parents Madhav Nagarkoti and Dhana Nagarkoti and documents that would verify that the parents were indeed spouses and that the petitioners have been their offspring indeed, Nepali citizenship certificates by descent shall be provided to them. There is a situation here that the petitioners have been unable to prove that who actually their father is as they have failed to produce the Nepali citizenship certificate of their father that would have established his nationality and a relationship verifying certificate that would confirm that he was the father of the petitioners as a matter of fact. Both these papers have to be mandatorily supplied as per the Nepal Citizenship Act, 2006 and the Rules. The petitioners seem to have failed to submit a proof that would authenticate that their father Madhav Nagarkoti and mother Dhana Nagarkoti are indeed spouses. As there is absence of proof to this respect and the father Madhav Nagarkoti has also gone missing, the District Administration Office, Kathmandu, in its written reply has contended that it would grant the petitioners, citizenship certificate provided that they shall file an application Upon observing the provisions in Constitution of Nepal as regards attainment of citizenship, Part 2 of the Interim Constitution of Nepal, 2007 has made some arrangements. In this sense, Article 8(1), Part 2 of the Constitution provides that: At the commencement of this Constitution, the persons who have acquired the citizenship of Nepal and who are eligible to acquire the citizenship by virtue of this Part shall be the citizens of Nepal. Similarly, Article 8(2) lays down that: At the commencement of this Constitution, the following persons who have their permanent domicile in Nepal shall be deemed to be the citizens of Nepal by descent: (a) any person who has acquired citizenship by descent prior to the commencement of this Constitution; (b) any person whose father or mother was a citizen of Nepal at his or her birth. The above constitutional provision has been managed by the statutory provision included in Section 3(1) of the Nepal Citizenship Act, 2006. In the event of presence of prerequisites prescribed by the citizenship laws, one may be able to obtain Nepali 69 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION