10
Dipti Gurung
vs
Government of Nepal
Magh 26, 2071 (9th February, 2015)
Supreme Court, Division Bench
Honorable Justice Kalyan Shrestha
Honorable Justice Om Prakash Mishra
Order
070-WO-0932
Subject: Certiorari mixed Mandamus as well
On behalf of Nikita Gurung age 13 daughter of Dipti Gurung age 41 as guardian and for
oneself as per Section of 51 Children Act, 2048, Dipti Gurung daughter of Late Dhan
Bahadur Gurung, resident of ward No. 03 of Lalitpur Sub-metropolis of Lalipur District .....1
Petitioner
Vs.
The Office of the Prime Minister and Council of Ministers, Government of Nepal,
Kathmandu ...................................................................................................................................1
Home Ministry, Government of Nepal, Kathmandu .................................................................1
Ministry of Women, Children and Social Welfare, Government of Nepal, Kathmandu .........1
Ministry of Local Development and Federal Affairs, Government of Nepal, Kathmandu .....1 Respondent
Lalitpur Sub-metropolis, Pulchok, Lalitpur ...............................................................................1
Office of ward No. 3 of Lalitpur Sub-metropolis, Pulchok, Lalitpur .........................................1
District Education, Office, Kanibahal Lalitpur ...........................................................................1
The brief facts and decision of the present writ
petition filed under Articles 32 and 107 of the
Interim Constitution of Nepal, 2063 are as follows.
even to expel from the school if the birth certificate
is not brought.
Taking the daughter together, when I went to the
Office of Ward No. 3 of Lalitpur Sub-Metropolitan
City, Lalitpur District, where we are living, to get
the birth registered, by filling up the form of the
information of the birth as per Schedule 2 of Birth,
Death and Other Personal Events (Registration)
Rule, 2034, we were refused to get registered.
We were not given information pertaining to the
other alternatives so as to be able to get the birth
registered. After then, though I continued to go
months after months to the aforementioned Office,
taking the daughter along with me, birth was
not registered and we were replied with chiding
language, stating that daughter’s birth would not
be registered if there is no citizenship of the father;
hence, as there is no other way out, I have been
present taking the writ petition.
I, the petitioner, gave birth to the daughter, Nikita,
on date 2057/1/4 (16 April, 2000). I, the petitioner,
myself also have not been able to identify her
father. Presently, the daughter, Nikita Gurung,
is studying at Red Bungalow School at Grade 9.
Form has to be filled up for the sake of S.L.C. while
studying at Grade 9. The situation is that District
Education Office, Kanibahal, has sent the letter to
Red Bungalow School stating that the form of SLC
has to be sent to District Education Office; while
sending the form, the copy of the daughter’s birth
registration certificate shall have to be sent along
and the form registration without having the birth
certificate attached shall be invalid. Thus, as there
is no birth certificate of the daughter, the school
has not been able to submit the daughter’s form
of SLC examinations to the District Education
Office; hence, the Red Bungalow School, where the
daughter is studying, is presently giving warnings
Thus, my daughter’s birth has not been registered
because there is no identity of father; hence, order
including Mandamus, whichever is required, should
71
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents