(1.) THE facts are not in dispute and thus we may note the same in brief.
(2.) JOINING service under BSF on 7.9.1970, Yadunath Singh earned a promotion and became an Assistant Commandant on 6.11.1998. He earned another promotion when he became a Deputy Commandant on 28.6.2005.
(3.) YADUNATH Singh admittedly did not have the requisite service either as per sub-para (a) or sub-para (b) above. In spite thereof, he and persons junior to him, but who were otherwise eligible having requisite service, were considered for promotion at a DPC which met on 12.1.2001.